Lawsuit Claim: Chesapeake's negligence to blame in well blowout death?

Lawsuit: Chesapeake's negligence to blame in well blowout death

By Vickie Welborn • vwelborn@gannett.com • April 6, 2010


Chesapeake Energy's refusal to take precautions to control the pressure of one of its natural gas wells in Grand Cane led to a blowout in November that killed one man and seriously injured another, the men's relatives claim in a lawsuit filed in a Texas federal court.

 

Killed in the Nov. 18 accident was James Dennis, 58, of Bullard, Texas. Critically injured was co-worker Jimmy Siler, 30, also of Bullard. Both were employed with Dynasty Transportation LLC, of Broussard, which provides truck transportation for the oil and gas industry.

In addition to the death and injury, the blowout sent approximately 15 families away from their homes for two days. Several DeSoto Fire District 8 firefighters were treated and released for respiratory problems after rescuing Dennis and Siler from the well location on George Hunt Road.

Dennis' wife, Barbara Dennis, along with two daughters, Jill and Lauren, and Siler named Chesapeake as the defendant in the personal injury and wrongful death petition filed last month in the Eastern District of Texas. They seek unspecified damages and a jury trial.

"It is not our policy to comment on pending litigation," said J. Kevin McCotter, Chesapeake's senior director of corporate development.

The lawsuit alleges Dennis and Siler were working as crane truck operators at the well site along with contractors Innovative Wellsite Systems Inc. and JetBlast. Innovative employees were directed by Chesapeake to change out the pins on the wellhead.

Dennis and Siler hooked the crane truck to the equipment at the wellhead to allow Innovative workers to change the pins, "when suddenly a violent explosion occurred and the wellhead blew out," the lawsuit states.

Dennis and Siler were in the path of the blowout. Both suffered broken bones and critical injuries. Dennis died at the scene.

"Prior to beginning the work, Innovative employees spoke with the Chesapeake company man on location and requested Chesapeake to 'kill the well' by placing a down hole packer because of the high pressure on the well," according to the lawsuit. "Chesapeake refused to take the time to do so and wanted Innovative to continue the work with the lubricator which was set. A down hole packer would have kept the pressure of the well down hole and away from the wellhead where the work was being performed. Chesapeake's refusal to set the packer allowed the pressure to stay near the wellhead, and thus allowed the wellhead to blow through one of the pins being set by Innovative."

The plaintiffs claim Dennis' death and Siler's injury occurred because Chesapeake did not take steps to control the gas in the well by "holding it down hole."

References also are made in the document to other blowouts at Chesapeake well sites in the Haynesville Shale region, particularly in DeSoto Parish. Four men have died in rig-related accidents since the shale play hit the region two years ago.

 

Buck

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I would be suprised if this goes to trial. I agree with Keith, but I believe the goal is to paint CHK in such a bad light that CHK will pay to make this go away.
The_Baron - How can it be "painting CHK in such a bad light?" Whatever is presented during discovery will be facts, not paintings. And, whatever facts are presented during discovery will determine the negotiations to settle or go to court. And, IF CHK wants to minimize any contingency the plaintiffs' attorney(ies) might receive, I'm sure CHK's own well-compensated legal advisors will do what they're paid to do and apprise CHK whether to "fish or cut bait." And if/when a settlement is offered, the plaintiffs' attorney(ies) will advise them as to the same.

Now, anyone have the omnipotent powers to determine whether the plaintiffs would rather have "gobs" of money as opposed to having their loved ones alive?

geezzz, 80P
The problem here is that this is simply information taken from the petition. I extremly doubt that The Times will take its time to print CHK side of the story. The point I am trying to make is that in cases like this, the goal is to goad the big corporation into setting to keep its name out of the paper.
I am never surprised to hear about short cuts or outright violations of OSHA regulations when people are killed at work every year. Many times it is the employee who failed to follow the proper safety procedures, but all to often it is the employers who violate known safety procedures and OSHA regulations in order to increase their profit margins. This is where I have a real problem with our justice system if you care to call it that. If I break the law and my actions result in the injury or death of another person I am held criminally responsible as well as civilly responsible for those actions. I would like to see employers or company CEO's charged with negligent homicide when their companies violate OSHA or Known safety regulations that result in the death of an employee or others.
it's been my personal experience in several different industrial/commercial environments that most accidents are caused by an employee doing something stupid.

we've come a long way from "kill a man today, hire another tomorrow" but you just can't watch every employee every second they're on the clock.

or, in other words, sometimes, *^%! just happens. not every company is a soulless, amoral parasite as some would have you believe.
Most of the time it is employees doing something stupid that causes most accidents but who always hires the cheapest person they can get as opposed to the most qualified? generally corporate america! Maybe you can convince the families of the coal miners that were killed this week how much the company they worked for cared about safety. I wonder if a member of your family died because of a companies greed, negligence , or just using the cheapest person they could hire, how you would feel? sh1+ happens!
Justice Stevens (we will miss him and his astuteness) eloquently explained:

"Corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their "personhood" often serves as a useful legal fiction. But they are not themselves members of 'We the People," by whom and for whom our Constitution was established."

This is not corporations bashing--it just is what it is. Corporations' only job is to make profits for its owners, whether shareholders if public, or its direct owners if private. StockholdersI want companies in which they own stock to profit and to profit highly.

Accidents will happen. People need to be as responsible and careful as they possibly can be under the circumstances, including the confines of budgets. And, we human beings, i.e., people, need to keep our eyes open and behave responsibly, as well. But, don't confuse corporate purpose and existence with human-ness.

They say you can see a man's soul in his eyes . . . I for one have never seen the eyes, much less, the soul of a corporation.
It is a tragedy for all. I would not presume to defend all corporations, but there are some good ones and bad ones, as in all things.
I used to work for a major chemical company. When faced with a decision about the environment, the president stated, "It is cheaper to do things right than to face the lawsuits of the future if we do them wrong". They soon began going out of their way to do things right, and it was expensive. In the long term, it made them more profitable.
I thought that was brilliant insight, but also slightly missed the point. Corporations can be thought of as an organism that moves and molds society.
Later, another president went further, to demand they be a good citizen. That, I thought was a more beneficial attitude for all.
There are good decisions and bad decisions in all things.
herman, I'm glad to hear one CEO of one company did it right. But, that is NOT the norm. If safety wasn't cheaper, that same CEO would have done it the wrong way.

Corps are not humans. Never were, never will be. Corps have no morals or souls. Shoot, they don't even have eyes. Corps' job is to make money PERIOD.

It is through laws and regulation that we control the conduct of Corps as entities. PERIOD.
ok let me first say i got my threads mixed up i thought this was the "regulation" thread when i posted.

now that's out of the way, let me just observe that although i would be upset if a family member were maimed or killed for whatever reason, i would also be upset at people trying to use their plight as some sort of ideological talking point.

maybe i'm just jaded from the dumb things i have seen both highly compensated salaried and lowly wage employees do that resulted in either injury, the destruction of expensive equipment, or both, but one thing i know for sure, when something like this or the coal mine catastrophe happens it's very easy to trot out the old "greedy corporation" meme.
re. "it's been my personal experience in several different industrial/commercial environments that most accidents are caused by an employee doing something stupid."

LOL!!!! So, this would have sounded more compassionate on a different thread??? Or will it be explained away by announcing that the reader is "like a 12 yr. old retarded child?" IMO, don't see how a work environment hazard, the alleged ventilation problem, is caused by "an employee doing something stupid."

Dang, this crawfishin' season IS a good one, isn't it?

I have read personal accounts this week, following the Massey accident and the rescue attempts, that both criticize and praise the coal mining industry. There are those who want to get as far away from it as they can, and those who are steadfast in their loyalty. And these accounts were from the folks "in the trenches," so to speak.

We are all free to choose where we work, what we do for a living. And we all bring different personalities & aspects of our "human-ness" to our jobs, from the ground level to the board room level. The responsible party, if there is one, in the coal mine incident will best be determined through an impartial process designed to ensure fair & balanced treatment of the matter. As US citizens, we're afforded a much better deal than the workers & family members in the Chinese mining incident will be afforded.

None of us knows the hour, or the means, of our fate, BUT we should be respectful towards those left behind to feel the pain of such loss and be tolerant of the process they are experiencing. We all experience that process at some point in our lives.
spare me the sanctimonious b.s., you're very good at acting like you want a discussion and taking things out of context to do so, when personally i think all you really want is attention and the last word. i wasn't referring to the mine accident or even the topic of this thread as somebody doing something stupid, but i can see how you'd try to use that.

also the retard thing is just past tiresome. you keep attacking me with that as if you want or expect something specific to happen, literally at this point it's over a dozen times now. you've succeeded in running one respected member out of the political forum completely with your inane crap so far, would you like for me to stop posting there as well, or perhaps just not post on this site anymore period? and all because you pissed me off one time to the point of calling you a name? one that, i might add, quite a few people who actually read what you write in there would probably agree with, if not publicly.

i did not write what i wrote in this thread before now to be "compassionate". or, ever, really. i can admit that i am not a very empathetic or compassionate person. i just try to speak the truth as i have seen it. obviously i feel for the people involved in tragedy, as would any human being with a heart, and i like to think that i still have one. if there has been criminal wrongdoing in any instance where someone has died, those responsible should be dealt with according to the law, obviously.

so, since you have gleefully accused me of "crawfishing", here is my question to you and KB: given that underground coal mining is one of the most regulated activities in the country, isn't the government just as culpable for the deaths of those men as the company? i mean, what's good for the goose, etc http://thinkprogress.org/2006/01/06/spin-on-sago/

seems to me very similar to my previous argument about toyota and the NTSB... failure to consistently enforce regulation is almost as bad as not having any regulation at all, wouldn't you agree?

i just don't think the answer is to declare all companies evil while clamping down on their windpipes ever more tightly.

now then, my condolences to the families of the chesapeake accident, and if anyone else wants to argue with me they can troll for me in another thread.

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