Claiming it never employed Fred Gebauer, who allegedly died from benzene exposure, Chevron USA has filed a special exception asserting that the children of the late refinery worker improperly sued the company.
As previously reported, Keith Gebauer, Ronnie Gebauer, Lajunda Williams and Gaytha Guillot filed a lawsuit Aug. 31 in Jefferson County District Court against Chevron and Texaco, claiming their father died from lymphoma which he developed after a career of working near products that contained benzene.
In their suit, the plaintiffs allege their father, Fred Gebauer, was exposed to "toxic and carcinogenic" benzene and benzene-containing products throughout his career at Texaco. As a result, Gebauer developed Non-Hodgkins Lymphoma and died on Feb. 7.
Court records show that on Oct. 24 Chevron filed its answer and special exceptions, asserting that the company is not a proper party in the lawsuit.
"Chevron USA is improperly sued because it is a separate entity from Texaco and Texaco is the alleged employer of Fred Gebauer, not Chevron USA," the answer states, adding that "there are no allegations it has any other connection to this lawsuit."
In their complaint, the plaintiffs blame the defendants for causing their father's death, saying they negligently allowed their employees to work around the chemicals despite the defendants' knowledge of the potential hazards of exposure. In addition, the defendants failed to warn of the dangers of exposure to benzene.
The plaintiffs seek punitive and exemplary damages, plus costs.
J. Keith Hyde and D'Juana Parks of Provost Umphrey Law Firm in Beaumont represent them.
Beaumont attorney Michael Bridwell of the Strong Pipkin Bissell & Ledyard law firm represent the defendants.
Judge Milton Shuffield, 136th District Court, is assigned to the case.
Case No. D190-777