Certificate of discovery filed in toxic chemical case

GALVESTON - A certificate of written discovery was recently filed in a Galveston County man's lawsuit alleging naphthalene exposure.

Karon Johnson alleges he sustained heart and lung problems after he was acutely exposed to a chemical leak on June 16, 2009, while working as a security guard at Marathon Petroleum Co. L.P.'s Texas City plant.

The certificate filed on June 10 certifies that Johnson's counsel received Marathon's responses to the complainant's request for disclosure.

Johnson's suit against Marathon, Valero Refining-Texas LP and Texas-New Mexico Power Co. was filed April 11 before the Galveston County 56th District Court.

The original petition says the chemicals wafted toward the plaintiff's work area from the nearby Valero facility and subsequently caused his heart to enlarge and his lungs to inflame.

The suit faults Valero for failing to operate its refinery in a safe manner in compliance with the law, while Marathon is blamed for not preventing workplace hazards and TNMP is accused of not running their company safely.

TNMP provided the court its original answer on May 18, contending Johnson failed to inform it of the maximum amount of damages he seeks to recover and failed to allege a connection between him and the company.

Case No. 11-cv-618