In a dramatic legal showdown, a group of workers has taken legal action against a major refining company following a catastrophic incident that left them severely injured. The lawsuit was filed by Allen Flores and other plaintiffs in the District Court of Harris County, Texas, on October 15, 2024, targeting Deer Park Refining Limited Partnership, P.M.I. Services North America Inc., and Shell USA, Inc.
The case revolves around an incident that occurred on October 10, 2024, at the Pemex Deer Park Refinery in Deer Park, Texas. According to the plaintiffs—Allen Flores, Sergio Garza, Roberto Delgado, Christopher Hurpado, Eduardo Flores, and Jose Salazar Perez—all residents of Texas—the defendants' negligence led to a hazardous release at the refinery which resulted in severe injuries. The plaintiffs allege that the defendants failed to protect them from this dangerous leak by not taking basic precautions or providing proper protective equipment. As stated in their petition: "Defendants authorized the hazardous work that resulted in the Plaintiffs’ severe injuries."
The lawsuit accuses Deer Park Refining Limited Partnership and its affiliates of gross negligence and premises liability. The plaintiffs claim that these companies own and control the refinery where they were working when injured. They argue that the defendants had actual knowledge of the dangerous conditions but did nothing to rectify them. The petition details numerous failures on part of the defendants including inadequate equipment maintenance and safety measures: "Defendants committed negligent and grossly negligent acts...including failure to provide adequate equipment; failure to inspect equipment; failure to monitor hazards."
As compensation for their ordeal, the plaintiffs are seeking monetary relief exceeding $1 million. They are demanding compensatory damages for past and future pain and suffering as well as mental anguish resulting from their injuries. Additionally, they seek punitive damages due to what they describe as "flagrant and malicious disregard" for their health and safety by the defendants.
Representing the plaintiffs are attorneys Kurt B. Arnold, J. Kyle Findley, and John G. Grinnan from Arnold & Itkin LLP based in Houston, Texas. This case is being heard under Case ID 2024-71862 with Judge Marilyn Burgess presiding over proceedings at Harris County's 269th Judicial District Court.