CHARLES – Texas Petroleum Investments Company (TPIC) is alleging it did not act in negligence over a fatal accident.
The company has filed a verified complaint for exoneration from or limitation of liability request March 15 in the U.S. District Court for the Western District of Louisiana Lake Charles Division alleging it was not responsible for a lethal explosion on one of its vessels.
The complaint states TPIC is the owner and/or operator of the TM-3, a 2010 38-foot aluminum deck boat with a 10-foot beam and 30-inch draft. The company asserts it exercised due diligence in maintaining the boat, ensuring that the vessel meet seaworthy standards.
According to the plaintiff, on Oct 15, 2015, the TM-3 exploded at TPIC’s White Lake facility, killing Brandon Taylor and J.D. Hebert. TPIC alleges it was in no way involved, contributed or at fault for the accident.
The company alleges the explosion was approximately caused by certain negligent acts of Taylor and Hebert, that no arrest or warrant was issued for the TM-3 and the vessel has not been seized.
The company intends to contest its liability and the liability of the TM-3 for any claims against it and has deposited a security for the benefit of all potential claimants, an ad interim stipulation for $3,060.54 plus interest at 6 percent per annum from the date of the stipulation.
TPIC asks the court to issue a monition to all persons asserting claims, issue an injunction restraining the filing, commencement and further prosecution against it, adjudge TPIC is not liable whatsoever to the accident, or, in the alternative, adjudge that TPIC is liable only to the value or amount of the interest of TM-3, plus any relief deemed proper. It is represented by attorneys Jonathan A. Tweedy and Christy L. Johnson of Brown Sims in New Orleans.
U.S. District Court for the Western District of Louisiana Lake Charles Division Case number 2:16-XC-02244