Helf v. Chevron U.S.A., Inc.

2009 UT 11, 203 P.3d 962, 623 Utah Adv. Rep. 29, 2009 Utah LEXIS 18, 2009 WL 348763
CourtUtah Supreme Court
DecidedFebruary 13, 2009
Docket20061170
StatusPublished
Cited by31 cases

This text of 2009 UT 11 (Helf v. Chevron U.S.A., Inc.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Helf v. Chevron U.S.A., Inc., 2009 UT 11, 203 P.3d 962, 623 Utah Adv. Rep. 29, 2009 Utah LEXIS 18, 2009 WL 348763 (Utah 2009).

Opinions

PARRISH, Justice:

INTRODUCTION

T1 Jenna Helf ("Helf") sued Chevron U.S.A., Inc. ("Chevron"), for injuries she sustained while working at the Salt Lake City Refinery (the "Refinery"). Helfs complaint alleges that her injuries were caused by a chemical reaction that occurred when her supervisors directed her to neutralize toxic sludge through a chemical reaction in an open-air pit. She further alleges that another Chevron employee initiated an identical reaction in the same open-air pit, just hours prior to her injury, creating a large purple cloud that set off chemical alarms as it drift, ed across the Refinery. As a result of the reaction, several workers were sent home due to illness. But Helfs supervisors neither warned her about the earlier incident nor instructed her that she would need special respiratory protection. Because of her exposure to the toxic gases, Helf now suffers from a permanent seizure disorder. Helf sued Chevron for damages, arguing that her injuries fall within the intentional injury exception to the Workers' Compensation Act. The gravamen of Helfs complaint is that her supervisors directed her to initiate a chemical process that they knew, with substantial certainty, would result in the same dangerous conditions that occurred earlier that day and would injure whoever initiated the chemical reaction.

T2 The district court dismissed Helfs complaint against Chevron without leave to amend pursuant to rule 12(b)(6) of the Utah Rules of Civil Procedure. We reverse the district court's dismissal because Helfs complaint successfully alleged facts demonstrating that her injury was the expected result of re-initiating the neutralization process such that her injury was intentional, not accidental or negligent. We reaffirm the "intent to injure" standard as the test for distinguishing between intentional and negligent or accidental injuries, but we caution courts to retain the distinction between intent and motive or probability when applying the test.

BACKGROUND

13 When reviewing a grant of a 12(b)(6) motion to dismiss, "we accept the factual allegations in the complaint as true and consider them and all reasonable inferences to be drawn from them in a light most favorable to the plaintiff,." 1 We recite the facts accordingly.

T4 As part of the refining process, Chevron uses a caustic that is stored in tanks on the premises of the Refinery. Once the caustic has been used, it becomes "spent caustic," which must be removed from the tanks and the tanks must be cleaned. The resulting product is called "spent toxic sludge," an ultrabhazardous substance that must be neutralized before it can be safely disposed of. In order to neutralize the spent caustic sludge, highly reactive acids are added, causing intense and violent reactions and creating ultrahazardous vapors known to cause serious and permanent injury to humans who breathe them.

T5 Before Helfs injury, Chevron's standard method of removing and neutralizing the spent caustic sludge was to remove the tanks and their hazardous contents from the Refinery and to clean them under carefully controlled and restricted conditions. Using this method, Chevron employees were not exposed to the hazardous sludge or the vapors created during the cleaning process. The problem with this method was that it cost approximately $40,000 per tank.

T6 On at least one occasion prior to the events giving rise to this case, Chevron attempted to clean a tank containing spent caustic sludge on the premises by using a vacuum truck. However, the resulting chem[966]*966ical reaction endangered everyone involved by releasing intense heat and noxious vapors.

T7 In January 1999, Chevron officials "pushed" to clean a particular tank containing spent caustic sludge. Before deciding what to do with the sludge, Chevron ran a laboratory test on it. The results indicated that the sludge was very basic, with a pH of 14.0, and that its sulfidic character was too high to measure. Rather than following its standard practice of sending the sludge away for treatment in a controlled environment, Chevron decided to try neutralizing the sludge in an "open-air pit" on the Refinery premises. The process involves pumping the spent caustic sludge into a pit, adding sulfo-ric acid in order to neutralize the basic character of the sludge, and "air rolling" the mixture with compressed air to induce a more complete and intense chemical reaction. Several experienced Chevron supervisors expressed reservations about the open-air neutralization method; nevertheless, Helfs supervisor ordered her to proceed neutralizing the caustic sludge in the open-air pit. Helf alleges that before initiating this process, all the parties in supervisory positions knew or should have known that the process would create noxious, dangerous, and harmful vapors. She further alleges that the process violated several state and federal rules and regulations.

T8 The neutralization process was first initiated in the open-air pit during the day shift on January 28, 1999. When the neutralization process began, the sulfuric acid reacted with the spent caustic sludge and released a noxious purple cloud containing concentrated hydrogen sulfide, mercaptan gases, and other toxic chemical compounds. The neutralization process was stopped immediately after the toxic purple cloud appeared. The cloud drifted across the Refinery, setting off alarms and causing several Chevron employees, some of whom were hundreds of yards from the open-air pit, to fall ill and be sent home. In the aftermath, Chevron did not take any safety measures, such as locking out the sulfuric acid or pumping out the open-air pit. Instead, Chevron decided to resume the process later in the evening after a shift change and under cover of night.

T9 When Helf arrived to work for the evening shift, her supervisor directed her to go to the open-air pit and start the neutralization process. She was not told about the earlier reaction, nor was she told about the hazardous conditions indicated by the plant alarms or about the employees that were sent home due to illness from exposure to the gases created by the reaction. She was also not instructed that she would need respiratory protection for this job, despite the fact that her supervisors knew that injury was substantially certain to occur if she initiated the chemical reaction without respiratory protection.

1 10 Helf followed the instructions given to her by her supervisor. The neutralization process produced the same predictable and violent reaction that occurred earlier that day-the release of a purple cloud containing noxious gases. The gases caused Helf to vomit and pass out When she eventually came to, she stopped the process and returned to the building, suffering severe ef-feets of exposure to high levels of hydrochloric acid, free mereaptans, and other toxic gases. She was not provided with any treatment or information about the chemicals to which she had been exposed. The Oceupa-tional Health and Safety Division of the Utah Labor Commission eventually cited Chevron for these events.

{11 The Utah Labor Commission concluded that, as a result of this incident, Helf developed the following medical conditions: complex partial seizures, headaches, eye irritation, a twitching eyelid, nausea and vomiting, lethargy and weakness of extremities, disorientation, and mucous membrane irritation. Helf received $7,880.37 for her temporary, total disability during the time that she was unable to work due to her injuries. The Labor Commission also ordered that Chevron pay medical expenses for her treatment.

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Bluebook (online)
2009 UT 11, 203 P.3d 962, 623 Utah Adv. Rep. 29, 2009 Utah LEXIS 18, 2009 WL 348763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helf-v-chevron-usa-inc-utah-2009.