KMCO Explosion and Fire - Q3 2022 Update
The KMCO MDL litigation over the explosion and fires that occurred on April 2, 2019, finally has a trial setting for January 17, 2023. This trial, called a bellwether or “sampling” will have six plaintiffs in it. All of these individuals were inside of the plant at the time of the explosion. Each side’s expert witnesses will have their depositions taken in preparation for the trial. For what it is worth, the Judge set for trial six of the Plaintiffs that the Plaintiffs requested and none that KMCO’s lawyers requested. We will keep you advised on the events occurring in the next two quarters of 2022 in this litigation.
Q1 2022 Update - 04/05/22
KMCO Explosion and Fire - Q1 2022 Update
The KMCO Chapter 7 Bankruptcy Court released the case back to the State District Court where it had been filed and Judge Moore’s successor, the Honorable Kristen Brauchle Hawkins, has taken charge. Judge Hawkins issued a First Amended Agreed Docket Control Order setting deadlines for the case’s pretrial procedure and development into late February 2022.
No trial date was set in this Order.
As with all consolidated case litigation, the initial work on the case is devoted to general liability. In this case, the question is whether the plant and its owners are liable for the injuries and damages caused by the explosion and fire. Then and only after general liability is established will the focus turn to individual cases, loses and damages.
There has been an enormous amount of activity in this litigation, most recently including the taking of dozens of depositions. These depositions involving taking and recording the oral and video testimony of fact and expert witnesses are a very important part of the liability part of this case. These and subsequent Depositions will continue for the next five to six months. KMCO’s lawyers have been gathering Brent Coon & Associates’ clients’ medical records and soon will take their depositions. Brent Coon & Associates will let its clients know when that occurs and what dates are proposed for their deposition and will set a date for our lawyers to meet with you to prepare you for the deposition.
No trial date was set in this Order.
As with all consolidated case litigation, the initial work on the case is devoted to general liability. In this case, the question is whether the plant and its owners are liable for the injuries and damages caused by the explosion and fire. Then and only after general liability is established will the focus turn to individual cases, loses and damages.
There has been an enormous amount of activity in this litigation, most recently including the taking of dozens of depositions. These depositions involving taking and recording the oral and video testimony of fact and expert witnesses are a very important part of the liability part of this case. These and subsequent Depositions will continue for the next five to six months. KMCO’s lawyers have been gathering Brent Coon & Associates’ clients’ medical records and soon will take their depositions. Brent Coon & Associates will let its clients know when that occurs and what dates are proposed for their deposition and will set a date for our lawyers to meet with you to prepare you for the deposition.