A trucker is incredibly lucky to be alive after an accident caused him to be almost completely covered in super-heated liquid asphalt. The driver’s family is now suing the refinery whose alleged negligence they claim is the cause of the driver’s horrific injuries.
Darrell Allen, at the time a 59-year-old driver for Kimrad Transport, was picking up a load of asphalt from a Shreveport oil refinery owned by Calumet Specialty Products Partners. The asphalt had been heated up to 350 degrees in order to keep it in its liquid state and was being pumped into Allen’s tanker.
According to the lawsuit, the employees at the plant accidentally overfilled the tanker with 3,000 extra pounds of asphalt. Because of that mistake, they needed to offload the extra, but with only one employee available at that time to do it, Allen was asked to help out.
He climbed on top of the tanker and opened the hatch to look in and tell the employee whether or not the asphalt was draining out.
Unfortunately, the hose being used had not been properly cleaned and there was still water left inside of it. When the water came into contact with the asphalt, the vaporized water caused an explosion.
Allen says that knowing something was wrong, he closed the lid to the tanker, but the resulting explosion was so powerful that it blew the tanker open, threw him to the ground, and covered him in the liquid-hot asphalt.
When he arrived at the hospital, his doctors reported that he had 3rd degree burns covering 90% of his body. One doctor said that in 30 years of treating burn victims, he had never seen anyone survive who had been burned as badly as Allen.
The lawsuit claims that Allen will need to spend millions of dollars on medical treatments for the rest of his life and he will never fully recover. Allen has described the debridement treatments he underwent while in intensive care as feeling like he was being “skinned alive” every day.
What makes the incident even more disturbing is that this is far from the first incident at the Calumet refinery. In May, an employee of the refinery died as the result of injuries sustained while on the job. During an OSHA inspection in 2010, the workplace safety group flagged 22 serious violations and hit Calumet with $173,000 in fines. Three years prior, OSHA had cited the refinery for “willful, serious and repeat” violations, fining them $122,400.
Back in 1999, after a very similar incident where a trucker was sprayed with hot asphalt when his truck was overfilled, the safety director for the refinery swore under oath that truck drivers were not allowed to assist employees with unloading the molten asphalt.
The company has issued a statement saying that they are “disappointed” that the family is filing a lawsuit against them, and says that they hope that they will be able to reach a “mutually beneficial” outcome.
The lawsuit is seeking unspecified damages from the company to compensate Allen for his injuries.
Source: dallasnews, shreveporttimes, shreveporttimes
Lynn Hensley says
They don’t have enough money to compensate for the amount of pain this man is going to go through for many many years and possibly the rest of his life. If none of you have ever had to lay in a hospital bed and suffer and no way to get any relief other than horrible pain medications was just cover the underlying problem you would really understand. This is no type of Life to Live. Good luck sir I hope you do beat the odds and are able to do some type of a normal life. Don’t give up on the lawsuit some of these actions really are warranted in order to stop it from happening to someone else and to help with some of your horrible suffering that affects you and the family alike.
Anthony Bellard Sr. says
time to shut down the place,,seems like they never learn
Bobby Gies says
Sue them for every dollar you can get see if there is a way to personally involve the management in this law suit get a real good lawyer this company does not care about you or any one .
Smitty says
Disappointed that they are filing a lawsuit…. Wow, they are going to be lucky if that is the only thing they get to walk away with, I think this one may just finish them off…. Just like a big company to ignore employee safety while they ad their own pockets.
Groo says
Why not disappointed? My guess is they did not even try to come to an agreement before bringing in the lawyers to to make it all more expensive on both sides. It is possible to negotiate a fair settlement without a lawsuit after all.
Cary says
WOW! You sound like a lawyer. Of course they should have filed a lawsuit. Corporate structures NEVER look at the best interest of the employee and always try to save themselves money! You should stop sounding like a child with your ridiculous comments!
Iambobthenailer says
And you sound like a troll. Its this person’s opinion. Why attack them just because they have a diff outlook than you? Geesh, talk about sounding like a child.
Troy says
So true
Ken says
Wow their ” disappointed ” …… that they have a law suit against them .
They should much more levy’d against them
John says
That company was ” dissappointed” statement is ridiculous. What are they thinking????!!!! That family and driver are entitled to everything, no amount can compensate that accident.
Cherokee says
Sounds like a pretty crappie place to pick up loads from, I pull a tank hope I never go there because if I got hurt on their property due to their negligence they would be disappointed all over again. You would have thought they would have learned the first and those small fines won’t make them change their bad habits, sounds the EPA/OSHA people in that area are getting paid off to me.
Groo says
When I ran Liquid Asphalt, I filled my own tanker. Why would these guys spend the manpower to take that liability on themselves?
EZmule says
I don’t get that, they have been deemed unsafe multiple times & their doors are still open. Why do people continue to work there?
Jason Kane says
Funny how that works, isn’t it? If a trucking company gets deemed unsafe, it gets shut down. But when it’s a shipper, oh here’s a small fine and have a nice day. I hope this lawsuit sets an example and puts this company out of business for good.
Bob says
I hope they don’t get shut down before the injured driver gets taken of
T Perkins says
Disappointed??? Really??? Disappointed????
What was he supposed to do wear the burns like a badge of honor???? Really???? Insane what lawyers will put in the press.
T Perkins says
I bet the DOT nor FMCSA will say anything about this because they are about safety for drivers…. Sarcasm of course…
blane says
When you think you have it rough – remember Allen, horrible. Mr. Allen I wish you strength and healing.
T B says
I am sitting here in some pain with my own body but after reading this I don’t have anything to complain about knowing what horrible pain this driver is in and for many years to come and my prayers are with him and his family
Tommy says
No attorney in their right mind would settle for anything less than what is coming his way. If they settle “out of court”… guess what?
He might get some decent compensation but the company keeps operating… business as usual.
OSHA will probably target them, but they will just pay, not change their operations
… worst part… they can afford it.
Wow
Robert Allard says
It is a sad story but too often the same pattern follow this accident in past years a driver was consider a helper as well helping or manually unloading the trailer by hand after a 13 hours drive.
This is the past we say and yet companies knows too well that if there is a shortage of their worker the driver whom is on a schedule run will have to help and do the work.
Disastrous outcome in this case hopefully this driver will also go to Canada labour and wcb and all other government agency to get help because lawyers will get the reward and nothing will be left to live on.
One thing is to monitor how this company will react and not going bankrupt has it would be a way for them to exit.
ron thompson says
the one that hooked the hose up, should have noticed that the hose was not stored properly. and got another hose, or flushed that one with a cooler oil.
will says
Disappointed? Yea they are disappointed the guy did not die. Because if he was dead the settlement on the lawsuit you be cheaper, now it is gonna cost them much more.
Linea Elken says
I worked for many years in hospitals with burn units & I can tell you this truly is a miracle that he is even alive; and that he’s probably wondering why he has to live the rest of his life in this hell. I doubt very much if the company would have reached a settlement that would have covered his lifetime medical bills without a lawsuit to force them to do so. When I rode a motorcycle, a little old lady made a left turn in front of me & then ran over me with her car. I tried reaching an out of court settlement, but the release of information form they wanted me to sign said that they could ask anybody who ever knew me about any time in my life about anything they wanted to ask. That’s when I called the lawyer instead. I wasn’t hurt nearly this badly, but my injuries have given me lifetime pain & trouble. Now they want to do a total knee replacement on the knee that was fractured in the accident. I wasn’t smart enough to demand lifetime medical coverage & now I regret that. I hope that this man is given everything that he deserves & then some. Imagine his family will be taking over his care eventually; hopefully he won’t be institutionalized in medical facilities for the rest of his life.
Mark says
Lucky to be alive? I’d rather be dead than go through the incredible suffering this guy is…and probably forever will be…going through. No thanks, send the fat check to my wife and daughter and I’m out of here.
Eddie says
Yeah, that’s exactly what I thought after reading the first sentence… I’m totally with Mark on this one!
Ziegmont says
It would be interesting to know what city, county, state, or federal agencies have been approving the facilities permits all this time. Highly doubtful that the ‘good ol boys’ aren’t hip deep in winking, nodding, and turning a blind eye to far to many inadequacies in equipment, policy, and procedures at the company. Just follow the money, you’ll find the faults.
Rebecca Pierson says
I live in Shreveport and know of this facility. I am truly horrified that this poor man was burned in this fashion. How did he live through 3rd degree burns 90 percent of his body? That usually kills a person, it had to be sheer determination. And the company was disappointed that the family was suing? Are they delusional? Who is going to pay for the care he will have to have for the rest of his life?
Charlie says
I’m very sorry this happened to him and I hope never to feel the pain he must live with. With that being said,
1. He hauled hot oil, he knew the dangers.
2. He tried to help off load the tanker voluntarily. No one forced him to. Maybe he wasn’t supposed to so HE broke the rules.
I’m as sympathetic as anybody but responsibility for one’s self is what we’ve lost in America. It’s always someone else’s fault.
Now, let’s move on to ” lawyers that sue trucking companies because they have big insurance”.
Susan says
Not lucky to be alive. Waking with those injuries would be your worst nightmare.