Press Release 04/05/2019
HEARING TODAY ON TEMPORARY RESTRAINING ORDER AND LAWSUIT FILED AGAINST KMCO BY INJURED WORKER
Harris County District Judge Daryl Moore will entertain the emergency temporary restraining order today at 2:30pm in the 333rd District Court. Brent Coon and Associates law firm filed a request this week seeking a temporary restraining order (TRO) and an injunction against KMCO. LLC on behalf of one of the workers injured in the tragic explosion and fire last Tuesday at the KMCO plant in Crosby, Texas. The injured worker, Arturo Martinez, was working for contractor Brand Insulation and was on the job adjacent to the location of the explosion at the time it occurred.
The TRO and petition were filed jointly in Harris County District Court and seeks a restraining order against KMCO from damaging or destroying any evidence of the incident and to preserve the scene for investigative purposes. (Links to related documents below) The KMCO plant located in Crosby, Texas is no stranger to disasters, and to governmental scrutiny of their operations.
Mr. Martinez apparently sustained additional injuries after the explosion trying to climb under the locked exit gates and hurting his back. We want to make sure that ALL evidence is preserved, including evidence related to prior criminal charges and fines assessed against the plant, the history of process safety management practices, shutdown and turnaround operations, design and operation specifications, inspections, communications, and any audio or video related to the incident. Often key parts of this information disappear during the investigative and discovery process due to “retention policies” set by the companies that deliberately destroy information that could be relevant to the case. A comprehensive restraining order reducing the likelihood of that occurrence”, added Coon.
Read the Petition Application here:
https://www.bcoonlaw.com/kmco-petition-application-for-temporary-restraining-order/
Read the Order on Temporary Restraining Order here:
https://www.bcoonlaw.com/kmco-fire-order-on-temporary-restraining-order/
The TRO and petition were filed jointly in Harris County District Court and seeks a restraining order against KMCO from damaging or destroying any evidence of the incident and to preserve the scene for investigative purposes. (Links to related documents below) The KMCO plant located in Crosby, Texas is no stranger to disasters, and to governmental scrutiny of their operations.
Mr. Martinez apparently sustained additional injuries after the explosion trying to climb under the locked exit gates and hurting his back. We want to make sure that ALL evidence is preserved, including evidence related to prior criminal charges and fines assessed against the plant, the history of process safety management practices, shutdown and turnaround operations, design and operation specifications, inspections, communications, and any audio or video related to the incident. Often key parts of this information disappear during the investigative and discovery process due to “retention policies” set by the companies that deliberately destroy information that could be relevant to the case. A comprehensive restraining order reducing the likelihood of that occurrence”, added Coon.
Read the Petition Application here:
https://www.bcoonlaw.com/kmco-petition-application-for-temporary-restraining-order/
Read the Order on Temporary Restraining Order here:
https://www.bcoonlaw.com/kmco-fire-order-on-temporary-restraining-order/