On Sept. 5, 2007, plaintiff Mike McCraven, 56, a heavy-equipment operator, was an employee of Austin Industries and working at Pasadena Refining System Inc.’s plant in Pasadena. He had been directed by his supervisor to go the Coker Unit to move a boom truck. McCraven went to the control room to inform those workers where he was going and was given permission to do so.
The area was flooded with liquid, and drain covers had been removed from the sluiceway. As McCraven was walking to the area near the boom truck, he fell into the open sluiceway, which was full of boiling water. He sustained second- and third-degree burns.
McCraven sued PRSI, alleging it was negligent because it left the drain covers off the sluiceway and continually flooded the area with boiling water. He further contended PRSI was negligent in permitting him to enter a barricaded area to retrieve the truck.
PRSI, in turn, filed suit against McCraven’s employer, Austin Industries, as a third-party indemnitor, alleging Austin was negligent for not adequately communicating the existing conditions to McCraven before he started the task.
PRSI alleged that this was a Chapter 95 case and that it was not liable for the injuries because it lacked control over the work being performed, and lacked the actual knowledge required of a premises owner under Chapter 95 of the Texas Civil Practice and Remedies Code.
Austin argued that is adequately trains its employees and that McCraven was partially at fault because he failed to ask questions before going to retrieve the truck.
McCraven was transported to a hospital by emergency personnel. He sustained second- and third-degree burns to 15 percent of his body, all on his lower extremities, which required skin grafting. As a result, he lost sensation in his feet and he claimed he cannot return to work as a crane operator.
McCraven’s incurred medical expenses were $112,470.58 and the amount paid was $54,004.65.
The plaintiff’s psychiatry expert testified that McCraven suffered from post-traumatic stress disorder and was unable to return to work as a crane operator. His vocational rehabilitation expert agreed that McCraven could not return to his prior job, but the expert said McCraven could possibly take an entry-level sedentary position.
The plaintiff’s orthopedic surgery expert testified that McCraven sustained a 30 percent whole body impairment. He also claimed McCraven was unable to return to work as a crane operator.
Two of McCraven’s treating physicians also offered testimony. His plastic surgeon released him to work, with restrictions regarding climbing and lifting anything heavier than 15 pounds. McCraven’s orthopedist said he released McCraven to work on a trial basis.
The defense’s vocational rehabilitation expert contended McCraven could return to his job as a crane operator. If not, there were similar eqipment operator jobs he could do, such as being a tower crane operator. She also noted that he could work in light delivery or security.
The defense’s psychiatry expert opined that McCraven did not suffer from PTSD and could return to work.
The jury found PRSI 75 percent, Austin 20 percent and McCraven 5 percent liable. McCraven was awarded $5,695,370 in damages.
After apportionment and the addition of pre-judgment interest, McCraven’s total net recovery was $5,818,993.54.
Mike McCraven
$112,470 Personal Injury: Past Medical Cost
$92,400 Personal Injury: Future Medical Cost
$200,000 Personal Injury: Past Physical Impairment
$357,500 Personal Injury: Past Lost Earnings Capability
$133,000 Personal Injury: FutureLostEarningsCapability
$4,500,000 Personal Injury: Past Pain And Suffering
$50,000 Personal Injury: Future Pain And Suffering
$250,000 Personal Injury: Past Disfigurement