HARRIS COUNTY, Texas – A lawsuit filed against KMCO claims personnel knew about a leak that caused a deadly explosion and fire last week.
The lawsuit claims personnel didn't immediately order an evacuation or sound the general alarm, despite knowing the leak was releasing a large quantity of isobutylene before the deadly explosion and fire.
“The information that we have is: There was radio contact in the minutes preceding the explosion. Statements were being made that we have a possible leak,” attorney Larry Wilson said.
Wilson is representing three contract workers who suffered various orthopedic injuries in the blast. Aurelio Campos, Jose Flores and Noe Flores work for a company called TPIS. Wilson said they were at the KMCO plant replacing insulation on piping when the explosion occurred.
The lawsuit says a call to evacuate was only made after a large quantity of the chemical had already been released.
“Even for our men, it ended up being hand signals for people to turn around that was alerting them to the fact that we need to be getting out of here,” Wilson said.
The fire started April 2 at the KMCO plant on Ramsey Road at Crosby Dayton Road around 11 a.m. and was extinguished around 5 p.m.
KMCO officials said the fire was sparked by isobutylene, a colorless gas with a faint petroleumlike odor, and then fueled by ethanol and ethyl acrylate. A transfer line ignited and a tank caught fire. The fire spread to a nearby building that contains dry chemicals, officials said.
James Earl Mangum, nicknamed "Bubba," was killed in the explosion. Two other workers were injured.
The lawsuit claims a check valve on an isobutylene line failed, allowing the gas to escape, vaporize and spread throughout sections of the plant, eventually exploding and causing parts of the plant to be set on fire.
“If a company has a large release of a highly explosive material like isobutylene, then clearly their processes have failed,” Wilson said.
According to the company's website, the plant manufactures products such as antifreeze and brake fluid.
Here is a statement from KMCO:
“KMCO is working in close cooperation with the Fire Marshal, federal Chemical Safety Board and OSHA investigators to determine the accurate timelines and cause of last week’s tragic incident. I can assure our team and the community that no investigation will be more thorough than our own. But until facts are known, any legal complaints should be considered unverified.
“While the company is aware that some outside contractors have made legal claims, none of the third-party companies they work for have informed us of any alleged injury. To our knowledge, no KMCO employee has filed a lawsuit as a result of the incident.”