News Archive
5 Plaintiffs Awarded $6.6 Million Against Vintage Petroleum
VENTURA, Calif. A state court judge has awarded $6.6 million to the families of three men killed, and two other workers injured, in a 1994 oil field accident (Tyler Joseph Johnson, et al. v. Vintage Petroleum Inc., et al., No. CIV 149987, Calif. Super., Ventura Co.; See 10/26/98, Page 13).
In an August bench verdict on liability, Ventura County Superior Court Judge Barbara A. Lane ruled that a series of negligent acts by Vintage Petroleum Inc. caused the deaths of three men and injuries to three others who inhaled toxic fumes resulting from a 1994 oil field accident. Judge Lane said Vintage and its representative at the well site, Jon Crawford, violated good oil field practices.
Jason Hoskins, 22, Ron Johnson, 24, and Sean Harris, 26, were killed, and Toby Thrower, Jerry Walker and Derek Abbott were injured on Aug. 10, 1994, when they inhaled toxic fumes released during a well conversion project. Vintage, which owned the well, retained several companies and independent contractors to perform various aspects of the work, including Pride Petroleum Service Co. and Schlumberger Well Services. All of the men who were injured or killed were Pride employees except for Walker, who was a Schlumberger employee.
The damages phase of trial took several months, and Judge Lane rendered individual damages verdicts in lengthy, detailed written orders and bench rulings in December and January in five cases.
A mistrial was declared in the Walker case, and the damages phase of that action will be retried, a source told Mealey Publications.
Hoskins
In the Hoskins case (No. CIV 153625), the judge awarded Hoskins widow, Tiffany, his daughter, Sierra, and his stepdaughter, Brittany, economic damages for loss of financial support and household services totaling $1,015,400. The judge also found the three Hoskins plaintiffs entitled to a lump sum judgment for noneconomic loss of society and companionship damages totaling $2 million, for a total verdict of $3,015,400 against Vintage.
The judge found the testimony of plaintiff economist John Nordstrand was based upon reasonable assumptions, his conclusions were well-documented by the evidence, and his calculations were appropriately reduced to present value.
Johnson
The sole plaintiff in the Johnson wrongful death case (No. CIV 149987) is 5-year-old Tyler Joseph Johnson. In her liability verdict, Judge Lane found Ron Johnsons death was caused 90 percent by Vintages negligence and 10 percent by his own negligence.
Judge Lane said the preponderance of evidence at trial did not support Tylers request for $465,055 in economic damages and $2.5 million for loss of society, comfort and companionship.
Plaintiff economist Tamara Hunts expert analysis was based, in part, on invalid assumptions, including an assumption that Ron Johnson would someday assume a supervisory position, the judge said.
The defense assertion that Johnson, who had methamphetamine in his blood at the time of the August 1994 incident, was one drug test away from termination was established by the evidence, Judge Lane said, also finding evidence establishing that the drugs impaired Johnsons judgment.
Furthermore, the evidence established the Johnson was not a responsible provider for Tyler or the childs mother, the judge said.
Hunts economic assumptions as to Tylers household services loss were greatly overstated, and Tylers mother failed to prove her claim that Johnson would have financed a $64,000 college education for the boy, the judge said. Also significant was the finding that Johnson never obtained medical insurance coverage for the child, the judge said.
The judge awarded $24,350 for past loss of financial support and $95,402 for future financial loss until Tyler reaches age 18. Taking into account the 10 percent reduction for Johnsons contributory negligence, the total economic loss award totaled $118,555.
The judge awarded Tyler total noneconomic damages of $148,500, for a total verdict against Vintage of $267,055.
Harris
In the Harris wrongful death action (No. CIV 153796), Sean Harris divorced parents, Bruce Harris and Carolyn Davis, made no claim for financial support or economic damages. Judge Lane awarded Harris and Davis a lump sum amount of $1 million in noneconomic damages.
Abbott
In the Abbott case (No. CIV 156243), Derek Abbott, who was 18 at the time of the incident, sought personal injury damages, claiming he suffered a lack of oxygen to his brain, or global cerebral hypoxia, resulting from exposure to gases at the well site. Abbott blames various medical problems on the well site accident, including vision difficulties, sinusitis, headaches, dizziness, and memory loss, as well as acute stress or post-traumatic stress disorder.
Abbotts ability to work has been impaired and warrants future loss of earnings damages because the anoxic injury to his brain has caused visual disturbances, the judge said. The judge awarded past lost earnings of $23,948 and future lost earnings of $447,882 for a total of $471,830.
The judge found the brain hypoxia Abbott suffered has permanently damaged his vision. Furthermore, Abbott suffered barotrauma, a rare side effect from his treatment in a hyperbaric chamber. Although this condition initially caused him sinusitis, his continuing sinus complaints are not causally related to the hyperbaric treatments for the gas exposure at the well site, the judge said.
In addition, Abbotts headaches and dizziness complaints were not proved to have been caused by the gas exposure, Judge Lane concluded. The evidence also did not substantiate Abbotts claim that brain damage from the accidents caused him to sustain compensable memory loss or that he suffered post-traumatic stress disorder.
The judge awarded Abbott $9,696 for past medical bills and $10,000 for future psychological counseling needs. In addition, the judge awarded $600,000 in noneconomic damages for pain and suffering, for a total award of $1,091,526.
Thrower
On the claims of Toby Thrower and his wife, Shirley (No. CIV 157182), Judge Lane found Toby suffered a brain injury, a severe case of post-traumatic stress syndrome, and that his complaints of headaches, light-headedness, and dizziness are substantiated by a preponderance of the evidence. However, Throwers heart attack, occurring approximately seven months after the oil field accident, was not caused by Vintages negligence, and the oil company is not liable for those medical bills, the judge said.
The judge awarded total economic damages of $390,195 and noneconomic, pain and suffering damages of $800,000, for a total verdict of $1,190,195 for Toby Thrower. The judge awarded Shirley Thrower $100,000 for loss of consortium.
Plaintiffs counsel are Steven D. Archer of Robins, Kaplan, Miller & Ciresi of Los Angeles; Richard M. Norman of Norman, Dowler, Sawyer, Israel & Hancock of Ventura, Calif.; Milton Younger of Chain, Younger, Cohn & Stiles of Bakersfield, Calif.; Richard L. Moomau of Moomau & Associates of Oxnard, Calif.; and C. Duffy Buchanan of Buchanan & Associates of Thousand Oaks, Calif.
Schlumberger is represented by Jonathan S. Vick and Alexander Robertson IV of Knopfler and Robertson of Woodland Hills, Calif. Vintage is represented by Bruce A. Finck of Spray, Gould & Bowers of Ventura, Calif.