FEBRUARY 4, 2015
HOUSTON, TEXAS
The family of an oilfield services worker killed on the job
by an explosion of an industrial battery was awarded $29 million by a Houston
jury.
Garland "Rickie" Kelley, 38, died after a lithium
thionyl chloride battery exploded at a Professional Directional Enterprises,
Inc. facility in Conroe, Texas in January 2011. His family alleged that the
battery was improperly heated to extend its life for use in an oilfield
downhole-drilling tool and was known to be defective.
The lawsuit claims included gross negligence and allegations
of missing evidence from the explosion. A
separate federal investigation led to multiple "serious" and other
citations against Mr. Kelley's employer for violating federal safety
regulations.
Company officials claimed during a federal investigation of
the incident that all its employees, including Kelley, had been given training
materials for their work. The company also implied Kelley was to blame because
he did not follow the alleged written instructions, according to court
documents as reported by the Houston Press.
A separate federal investigation by OSHA led to about
$19,000 in proposed penalties against the company after the agency wrote
multiple serious and other citations. The company contested the violations, and
the case was settled after the Secretary of Labor filed a lawsuit, with a
reduced penalty.
After a day of deliberations, the Harris County state court
jury awarded $4 million in compensatory damages and $25 million in punitive
damages late Tuesday.
The family is represented by attorneys Tony Buzbee of The
Buzbee Law Firm in Houston, and Matthew J. Mussalli, of the Law Office of Matthew
J. Mussalli, PC, of The Woodlands, Texas.
Tony Buzbee, of The Buzbee Law Firm, said, "This
verdict should send a message to smaller oil and gas operators that the
practice of reheating oilfield tool batteries must stop. The death of Rickie
Kelley was absolutely preventable."
Matthew J. Mussalli, of The Law Office of Matthew J.
Mussalli PC, said, "This verdict represents another step the Kelley family
has taken to rebuild their lives and move forward after the loss of their
husband and father."
Defendant Professional Directional Enterprises, Inc., with
offices in Wyoming, Virginia, Louisiana, and Texas, was found 80 percent liable
and another defendant that settled before closing arguments in the trial was
found 20 percent liable.
The case is "Tonya Kelley, et al., v. Electrochem
Solutions, Inc., et al," Cause No. 2012-75148 in the 113th District Court
of Harris County, Texas.