EAST ST. LOUIS – Phillips 66, defending a complaint that heat and poison at its Wood River refinery damaged the brain of outside worker Joe Hemmer, claims his employer’s failures caused his injuries.
Phillips 66 asserted a counterclaim for contribution against the employer, Federal Steel and Erection, in U.S. district court on May 12.
Gregg Kinney of Hepler Broom in Edwardsville wrote, “As the employer of plaintiff, Federal had a duty to provide a safe workplace and to otherwise exercise reasonable care for the safety of plaintiff.”
He wrote that if Phillips 66 were held liable, which he denied, it would be entitled to an amount commensurate with Federated’s relative culpability.
The injury happened in 2014, and litigation has happened twice.
In 2016, Stephen Kernan of Bruce Cook’s firm in Belleville sued Phillips 66 for Hemmer and wife Nicole Hemmer at Madison County circuit court.
Kernan claimed Phillips 66 retained control over safety practices.
He claimed Hemmer worked on a structure he knew as an exchanger, and worked on the exchanger when it wasn’t operating.
He claimed the exchanger emitted dangerous levels of heat and Hemmer collapsed, suffering severe brain damage due to heat and toxic exposure.
Phillips 66 removed the complaint to district court on the basis of diverse citizenship as a Delaware corporation in Texas.
In 2017, Phillips 66 filed a third party complaint for contribution against Federal Steel and Erection.
In 2018, all parties agreed to dismiss the complaint without prejudice.
In 2019, partners Kenneth Halvachs and Ronald Abernathy of Belleville filed a Madison County complaint almost identical to the one Kernan filed.
Phillips 66 removed it to district court, where District Judge Staci Yandle set trial this March.
The case passed to District David Dugan after he joined the court last October, and he granted a joint motion to extend discovery in February.
He set trial next February.