$29 millionVerdict

$29 Million Verdict for Family of Oilfield Worker Killed by Exploding Battery in Conroe

Verdict · Harris County District Court · 2015

Won by The Buzbee Law Firm.

A Harris County jury awarded $29 million to the family of Garland 'Rickie' Kelley, an oilfield services worker killed when a lithium thionyl chloride battery exploded at a Professional Directional Enterprises facility in Conroe, Texas.

What happened

On July 30, 2011, Garland 'Rickie' Kelley was working as a technical manager at a Professional Directional Enterprises facility in Conroe, Texas. He was testing a lithium thionyl chloride battery pack, a cylindrical unit roughly four feet long used to power downhole drilling tools, when it exploded. Kelley, 38 and the father of three children, died from his injuries. His wife and children filed suit in Harris County District Court.

The battery at the center of the case had been reheated to squeeze additional service life out of it for use in oilfield equipment. The family's legal team argued that this practice was known to be dangerous and that the battery was already defective before Kelley handled it. Attorneys also alleged that company personnel failed to properly collect evidence from the explosion site in the aftermath of the incident, which the plaintiffs framed as gross negligence.

Professional Directional Enterprises, which operated facilities in Texas, Louisiana, Virginia, and Wyoming, disputed liability and contended that employees had received training materials covering battery handling. The company implied Kelley bore some responsibility for not following written safety instructions. Excell Battery Corporation, the battery's manufacturer, was also named as a defendant but reached a settlement before closing arguments.

Tony Buzbee of The Buzbee Law Firm tried the case alongside co-counsel Matthew Mussalli of The Woodlands. After a day of deliberations in February 2015, the Harris County jury found Professional Directional Enterprises 80 percent liable and apportioned the remaining 20 percent to Excell. The panel awarded $4 million in compensatory damages and $25 million in punitive damages, for a total verdict of $29 million.

The punitive component reflected the jury's finding that the company's conduct rose to the level of gross negligence. Buzbee noted after the verdict that the practice of reheating oilfield tool batteries to extend their useful life was widespread in the industry, and that Kelley's death was preventable.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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