Lawsuit Alleges Wash Station Could Have Prevented Permanent Injury

Scott Kappes

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A lawsuit filed late last week by Juan G. Martinez-Garcia alleges that Total Petrochemicals USA Inc. was negligent in not providing a wash station and failed to train employees. Martinez-Garcia was allegedly sprayed in the face with chemicals, but when he ran to the nearest water hose for relief found only a nonworking spigot. Martinez claims that the prolonged exposure due to the lack of emergency wash equipment caused him permanent injury.

According to his petition, on Dec. 12, 2006, Martinez-Garcia, a Pl Transport Drivers employee, was delivering chemicals to Total's Port Arthur refinery, "when hazardous chemicals sprayed his face and mouth."

Martinez claims that he immediately began to seek a water source or wash station to rinse the hazardous chemical off of his skin. Martinez-Garcia claims that when he found the water hose it was inoperable. At this time Martinez-Garcia claims that he began to look for another water hose or a wash station. He was unable to locate either as the chemicals were burning his face and mouth. A total employee eventually came to the scene, but also had no knowledge of the location of the wash station.

The Total operator, in charge of supervising Martinez-Garcia while on the premises, finally showed up and directed Martinez-Garcia to the secluded wash station. After he had washed off in the shower Martinez-Garcia was told by the operator that he looked ok and that he should drive back to Houston. Martinez-Garcia’s case alleges that this hour and half drive caused even further damage to his face.

Martinez-Garcia claims Total was negligent for failing to have an operable water hose, easy access to a wash station, get him proper medical treatment and supervise him.

He is demanding a trial by jury and is suing for past and future pain, mental anguish, disfigurement, impairment, loss of earnings and all court costs.