Reilly v. Dynamic Exploration, Inc.

571 So. 2d 140, 1990 WL 192898
Supreme Court of Louisiana·Decided December 3, 1990·No. 90 C 0638, 90 C 0681·Published·Cited by 21 cases

Opinion

571 So.2d 140 (1990)

Ronald REILLY
v.
DYNAMIC EXPLORATION, INC., et al.
William O. BARRETT, Sr.
v.
PRODUCTION MANAGEMENT CORPORATION, INC., et al.

Nos. 90 C 0638, 90 C 0681.

Supreme Court of Louisiana.

December 3, 1990.

*141 Warren A. Perrin, Gerald C. deLaunay, Lafayette, for William O. Barrett, Sr., plaintiff-applicant.

Paula Cobb, Arthur Cobb, Cobb & Cobb, Baton Rouge, for Ronald Reilly, plaintiff-applicant.

Charles A. O'Brien, Franklin, Moores & Walsh, Baton Rouge, for Kimray Inc., defendant-respondent.

Stephen R. Wilson, Keogh, Cox & Wilson, Baton Rouge, for Stockham Valves & Fittings, defendant-respondent.

WATSON, Justice.

After a jury trial of these suits for personal injuries resulting from an explosive fire at an oil well, the trial judge granted directed verdicts to defendants, Stockham Valves & Fittings, Inc. and Kimray, Inc. The court of appeal affirmed.[1] A writ was granted to review the judgment of the court of appeal.[2]

Since the trial court granted directed verdicts to defendants, the evidence is properly summarized in the light most favorable to plaintiffs. Breithaupt v. Sellers, 390 So.2d 870 (La.1980). See Boeing Company v. Shipman, 411 F.2d 365 (5th Cir.1969).

FACTS

On May 4, 1981, plaintiffs, William O. Barrett, Sr. and Ronald B. Reilly, were working on the No. 2 well owned by Dynamic Exploration, Inc. at Mallet's Bluff, East Baton Rouge Parish, Louisiana. Plaintiffs' theory of recovery against these defendants was that the explosion and injuries were caused by a valve manufactured by Kimray and/or a check valve manufactured by Stockham, which were defective, resulting in a backflow of gas and an explosive fire.

Reilly was employed as a gauger by Production Management, which had been managing the Dynamic facility at Mallet's Bluff. Barrett was supervising a crew from Central Industries which was hired to perform a bypass of a separator at the facility. Reilly described the location as dangerous. Among other deficiencies, a schematic diagram of the piping system was not available.

Management of the wells was in the process of being transferred from Production Management to Dynamic. Don Dronet of Dynamic, who was taking over management of the wells at Mallet's Bluff, confirmed Reilly's testimony that conditions at the field were bad and described them as about the worst he had seen in twenty years.

Reilly and Barrett were attempting to bypass the high pressure separator at the No. 2 well. The oil flows from the No. 2 well through a choke, then through a high pressure separator, on to a low pressure separator, and then through a heater treater. At the heater treater, heat is applied to separate the gas from oil and water. Gas then goes through a Kimray valve and into the ground where a two inch Stockham check valve is buried six inches below the surface. Dronet testified that he would have hooked up the Kimray valve with a blocking valve union on each side so that the valve could be isolated. Several experts said that the Stockham valve required frequent maintenance to function properly and should not have been buried beyond easy access.[3] The gas went into a common manifold or pipeline. All four heater treaters at the site were hooked into that manifold. Excess gas from the four wells went eighty feet through a two inch overflow line to an open pit for evaporation.

Before attempting the bypass, Reilly, accompanied by Barrett, closed several valves. They bled down the high pressure separator and the low pressure separator and relieved the valve upstream from the *142 high pressure separator. Since they still had pressure on the line, they rechecked their procedure. They tested the gauge on the Kimray valve, which registered 17 to 25 psi, but it was accurate.

An arrow on the Kimray valve pointed downstream into the ground. There was extensive testimony that an arrow indicates a one way flow in the arrow's direction. After an unsuccessful attempt to break the pipe union downstream, Barrett and Reilly decided to break the pipe union upstream between the heater treater and the Kimray valve to dissipate the pressure. They did not know there was a check valve in the ground and relied on the Kimray valve to act as a check valve on the upstream pressure. The Kimray valve resembles a check valve and generally prevents a reverse flow of gas.

Reilly and Barrett cut off the gas to the burner and the pilot light on the heater treater and checked that the fires were out. Since 17 to 25 psi is a small amount of pressure, they expected to be able to bleed it off in three or four minutes. When they cracked the union, there was a hissing of gas which stopped. After the gas flow ceased, Barrett parted the union. He stuck out his hand, felt a surge through the Kimray valve and an almost instantaneous explosion which covered him with fire.

The fire extended at least twenty feet from the Kimray valve and lasted for approximately twenty minutes. The residual flame also came from the Kimray valve. Barrett was severely injured and Reilly's arms were burned. The accident apparently occurred because the gas backed upstream from the Kimray and Stockham valves.

Paul Montgomery, an expert in the field of petroleum engineering, testified that the purpose of the Stockham check valve was to make the gas flow in only one direction. If a check valve is functioning properly, it is impossible for gas going through the valve to flow back in the opposite direction. According to Montgomery, the length and direction of the fire indicated a defect in the check valve. If the valve had held, the fire would have lasted only two or three minutes; therefore, the gas must have backed up from the valve. In Montgomery's opinion, this explosive fire would not have occurred if the Stockham valve had worked.

Montgomery said several things combined to cause the accident: the presence of natural gas; the fire box in the heater treater; lack of a proper schematic diagram; a malfunction in the check valve; and inadequate supervision. Subsequent to this accident, a flame arrester was installed on the back of the heater treater at the No. 2 well.

Wiley D. Poole, an expert in mechanical engineering, investigated the accident on behalf of Liberty Mutual Insurance Company, the compensation insurer. Poole and an insurance adjuster visited the scene on May 5, 1981, the day after the accident. The broken connection had been put back together but the line was not operating. From Poole's observation, the fire was so great that its main source had to be the manifold and "the Kimray valve was feeding backwards." (Joint Testimony, Vol. 2, p. 38.)

When the Kimray valve was disassembled, the valve cover was sealed closed. In Poole's opinion, this resulted from the fire. Poole did not find anything unreasonably dangerous in the design of the Kimray valve but he thought it needed a check valve downstream producing zero pressure in order to operate properly.

On Poole's second visit to the scene, the gas line had been uncovered and he was able to photograph the Stockham valve. That valve does not regulate flow; it allows gas to pass in only one direction, the direction of the arrow. In July of 1984, Poole tested the Stockham valve with an air compressor to determine the backflow of air through the valve. The first test of 20 psi went right through the valve in the opposite direction from the arrow. After repeated testing, the valve held a little lon

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Reilly v. Dynamic Exploration, Inc., 571 So. 2d 140, 1990 WL 192898 (La. 1990).

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