A Texas resident has filed a lawsuit against three corporations following a serious injury at a refinery. Apolinar Alvarado lodged the complaint in Harris County District Court on September 6, 2024, targeting Chevron U.S.A., Inc., Ohmstede Ltd., and Ohmstede Industrial Services Inc.
The case stems from an incident that occurred on August 16, 2023, at the Chevron Pasadena Refinery. According to the filing, Alvarado was struck by a pipe after it was run over by a company truck in a restricted area of the refinery. The impact launched him off the ground, causing severe injuries to his back, knee, head, and neck. Alvarado alleges that these injuries were directly caused by the negligence and other wrongful acts of the defendants.
Alvarado's complaint outlines multiple causes of action against Chevron and its co-defendants. He accuses them of active and passive negligence, strict liability, breach of warranty, negligent activity, negligent retained control, negligent exercise of control, breach of nondelegable duty, negligent undertaking, inherently dangerous activities, intentional torts, and maintaining dangerous premises. "Defendants' conduct when viewed objectively involved an extreme degree of risk considering the probability and magnitude of potential harm to others," states the petition.
In terms of specifics, Alvarado's claims include allegations that the defendants used unsafe materials or permitted their use; failed to ensure equipment was properly maintained; did not adequately staff or supervise work at the refinery; neglected to train workers appropriately; and failed to comply with industry standards for safety. Additionally, he contends that they did not maintain proper safety policies or ensure that existing ones were followed.
The plaintiff is seeking damages exceeding $1 million for compensatory damages including past and future medical care costs; pain and suffering; mental anguish; impairment; disfigurement; loss of enjoyment of life; loss of household services; loss of consortium; interest on damages (both pre- and post-judgment); court costs; deposition costs; exemplary damages; and any other relief deemed just by the court.
Representing Alvarado are attorneys John D. Sheppard (State Bar No. 24051331), Nicholas A. Morrow (State Bar No. 24051088), T. Braden Riley (State Bar No. 24099932), and P. Hogan Leatherwood (State Bar No. 24100138) from Morrow & Sheppard LLP based in Houston, Texas. The case has been assigned Case ID 2024-60277 in Harris County District Court under Judge Christopher Matthews.