In addition to seeking financial damages, the plaintiffs have requested court intervention to preserve key evidence. They are asking that the equipment involved in the incident not be altered, dismantled or destroyed. The request also covers preservation of photographs, video footage, maintenance records, safety documentation and environmental monitoring data related to the fire. Court records indicate that a temporary restraining order has been granted, though specific details have not been made public.
The family is also requesting access to the refinery site to conduct inspections and document the scene as part of their investigation and case preparation.
Importantly, the lawsuit seeks exemplary damages. Under Texas law, workers’ compensation benefits are generally the exclusive remedy for on-the-job injuries. However, the petition invokes an exception that allows additional recovery when a death is caused by an employer’s intentional conduct or gross negligence. The family argues that the alleged safety failures rise to that level.
