April 29, 2019

A three-judge panel of the 10th U.S. Circuit Court of Appeals affirmed the district court's ruling holding that an oil refinery did not have a duty of care to a worker who was injured in an oil pump explosion. The case is Grice v. CVR Energy, Inc., No. 17-5079, 2019 U.S. App. LEXIS 11830 (10th Cir. Apr. 23, 2019).

Benjamin Grice was an employee of Coffeyville Resources LLC, located in Coffeyville Kansas. He had been working all day at an oil refinery when an oil pump exploded causing severe burns to Grice's body. The blast also killed one of Grice's co-workers. An investigation revealed that excessive wear and tear caused the rotating parts of the pump to contact which shattered the pumps seal. The record indicates that it is undisputed that if a double mechanical seal had been installed, the explosion could have been prevented.

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