Texas court upholds refinery's gross negligence in worker's death, cuts award by $125,000

The Texas Court of Appeals has upheld a finding that a refinery company was grossly negligent in the asbestos-related death of a former worker, but reduced his family's damages award from $325,000 to $200,000. In its November 5 ruling, the court also allowed the family to pursue additional claims against the company, sending them back for further proceedings.According to case details on Justia, The case concerns Louie Scudder, who worked at the La Gloria refinery in Tyler, Texas, for a total of 38 years.

He first joined the refinery in 1958, left in 1964 and returned in 1966, continuing until 1998. He was diagnosed with mesothelioma in November 2019 and died on June 25, 2022, aged 83.His family alleged that years of exposure to asbestos at the refinery caused his illness and death.

His son, Carl Christian Scudder, filed a lawsuit against Tyler MD Holdings LLC, the successor-in-interest to Tyler Holding Company, formerly known as La Gloria Oil and Gas Company.A jury found that asbestos fibres from the refinery had caused Scudder's illness and death.