Colonial Pipeline Sued Over Fatal 2016 Alabama Explosion
Two men died and several were injured when a trackhoe operator sparked a "burning geyser of gasoline" while attempting to repair a leak in a pipeline near Pelham, Alabama, in October 2016.
July 13, 2018 at 02:18 PM
4 minute read
The widow of a man who died in a 2016 gas pipeline explosion in Alabama has sued Georgia-based Colonial Pipeline and an engineering inspection contractor for wrongful death and negligence. Among the claims brought by the woman—and by another man who was seriously injured—is that a project inspector for Colonial did not show up on the day of the explosion. Instead, the plaintiffs said, the inspector told a subordinate to go ahead with the excavation, even though documentation concerning the pipeline's whereabouts he requested had not been provided. The complaint was filed Monday in Fulton County State Court by the family of Bill Whatley, one of two men who died as a result of the accident, and by Hugh Delaughder Jr., who was injured along with four other workers. The filing attorneys are Travis Lynch of Heninger Garrison Davis' Atlanta office and Glenda Cochran and Matthew Moneyham of Glenda Cochran Associates in Birmingham; they did not respond to queries. A Colonial spokesman provided a statement saying the company “ continues to extend its sympathy to the family of Mr. Whatley for their loss. Colonial has received the lawsuit and looks forward to addressing the issues raised. At this time the company will have no further comment on the lawsuit.” A lawyer for co-defendant Superior Land Designs, Cheryl Shaw with Freeman Mathis & Gary, said they had just been served Friday and were reviewing the complaint. As detailed in the complaint and contemporaneous media coverage, Colonial owns the largest refined petroleum pipeline system in the United States. It runs from Texas to New Jersey and carries more than a million gallons a day of refined petroleum products. The fatal accident was preceded by a September 2016 leak near Pelham, Alabama, in Shelby County that spilled more than 300,000 gallons of gasoline near the Cahaba River Wildlife Management Area. As part of the repair effort Colonial engaged L.E. Bell Construction Co. of Heflin, Alabama, to excavate the damaged section. The complaint said Colonial frequently works with Superior and engaged the company “as an additional, third-party inspector to supervise” Bell's crew. On the morning of Oct. 31, 2016, the complaint said, a Superior inspector was on-site to direct the the excavation work; he, in turn, was under the supervision of Colonial project inspector Nicky Cobb. The Superior inspector “had requested documentation from Mr. Cobb regarding the location of the pipeline at the excavation sites, but the information was not provided,” the complaint said. Cobb, it said, “failed to appear” at the site. Cobb instructed the Superior inspector “that the subject excavation should go forward without him present,” the complaint said. As a trackhoe operator was digging, he struck the pipeline or a connection, rupturing it and sparking what first responders described as a “burning geyser of gasoline,” according to news website AL.com. One man died at the scene; Whatley died three weeks later; and Delaughder was seriously injured. The fire burned inside the pipeline for several days, and more than 170,000 gallons of gasoline were released because of the explosion. The complaint includes counts of negligence, wantonness and wrongful death, and a loss of consortium claim for Whatley's widow, Patsy Ann Whatley. Colonial has faced continuing fallout from the accidents, which shut down part of the pipeline for several days and spurred a spike in gasoline prices. Last year, a group of landowners near the spill site sued Colonial for damage to their property. In March, Alabama Attorney General Steve Marshall announced that Colonial had reached a $3.3 million settlement with the state to resolve environmental claims related to the spill.
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