A recent court filing unveils a gripping legal battle where a Texas resident has taken on two major corporations over alleged negligence that led to serious injuries. Luz Gonzalez Chapa filed the complaint in the District Court of Harris County, Texas, on December 27, 2024, against Excel Modular Scaffolding and Leasing Corporation and Blanchard Refining, LLC.
The lawsuit stems from an incident on February 25, 2023, when Chapa suffered significant injuries after falling from scaffolding at the Marathon Petroleum refinery in Texas City. The plaintiff was employed by Turn Around Welding Services at the time of the accident. According to the petition, Excel Modular Scaffolding and Leasing Corporation was responsible for erecting, maintaining, inspecting, and certifying the scaffolding that allegedly failed due to improper construction. Blanchard Refining Company is implicated as they oversaw the work and hired Excel for their services.
Chapa's petition accuses both defendants of multiple counts of negligence. These include failing to inspect the work area adequately for unsafe conditions, not implementing or enforcing adequate safety policies and procedures for scaffolding certification, rushing work without addressing dangerous practices, and neglecting proper supervision and training for employees. The plaintiff argues that these failures directly resulted in her fall and subsequent injuries.
The complaint further claims that both companies violated local, state, and federal laws designed to protect workers like Chapa from such harm. This breach of duty is categorized under negligence per se. Additionally, Chapa alleges gross negligence on part of both defendants; asserting that their conduct involved an extreme degree of risk which they were aware of but chose to ignore with conscious indifference towards worker safety.
Chapa seeks substantial compensation exceeding $1 million for damages incurred due to medical expenses, lost wages and earning capacity, pain and suffering, mental anguish among other losses related to her injury. She also demands exemplary damages due to what she describes as grossly negligent behavior by the defendants. Moreover, she requests pre-judgment interest on her damages along with recovery costs permitted by law.
Representing Luz Gonzalez Chapa are attorneys Benny Agosto Jr. and Barney P. Dill from Abraham Watkins Nichols Agosto Aziz & Stogner law firm based in Houston. The case is filed under Case ID 2024-89307 in the 80th Judicial District Court with Judge Marilyn Burgess serving as District Clerk.