Cabot Oil et al.

I. ACCIDENT FACTS:
On September 30, 2003, JAVIER SOLIS, was a business invitee working at a gas well site in McMullen County, Texas, when he was severely injured on the premises, which were owned, operated, and controlled by CABOT. At the time of the incident, Mr. Solis was an employee of POOL. When the incident that is the basis of this suit occurred, Mr. Solis was working in the course and scope of his employment with Pool. The Pool crew was in the process of performing a workover procedure involving the replacement of tubing at the subject well site. After the job had been completed and the well was shut in, the Pool crew started rigging down. During this process, GURLEY, in conjunction with CABOT, decided to re-flow the well to remove water and debris. Plaintiffs alleged that Defendants failed to utilize a pressure control device, a choke, at the well head. As a result, due to either a pressure sure or inadequate pipe, an explosion occurred when the line ruptured, and Mr. Solis was struck by exploding debris. As a result, Mr. Solis was transported via life-flight to University Hospital in San Antonio where he eventually endured a complete amputation of his left leg above the knee.

II. LIABILITY:
At the time of the incident in question, Cabot was the owner/operator of the well site. Plaintiffs alleged that Cabot maintained and/or allowed a dangerous condition to exist on the premises. This dangerous condition posed an unreasonable risk of harm to Mr. Solis and the entire Pool Company crew. Plaintiffs alleged that Cabot knew or should have known of the danger and Cabot failed to exercise ordinary care to protect Mr. Solis from the danger by either warning Mr. Solis of the condition or by making the condition reasonably safe. Plaintiffs alleged that Cabot was also negligent for failing to properly inspect and maintain its premises in a reasonably safe condition and for failing to properly train, instruct, and supervise its employees.

Plaintiffs alleged that Defendant, Cabot, was negligent by and through their agent, servant, ostensible agent, agent by estoppel, or borrowed employee, Gurley, who was acting within the course, scope, and authority of such agency relationship and who was acting on behalf of and for the benefit of Cabot. Thus, Cabot was vicariously responsible for the negligence of Gurley based on the theory of Respondeat superior.

On the date of the incident in question, Gregory Gurley was the "company man" acting on behalf of Cabot at the well site. Mr Gurley was on site in a supervisory capacity when the accident occurred. Plaintiffs alleged that he was individually negligent, as stated below. Additionally, as the representative of Cabot on the well site, Cabot was vicariously responsible for his negligent conduct. Plaintiffs claimed that his negligent conduct included:
" Failing to properly supervise the Pool Crew;
" Failing to provide proper instructions and directions to the Pool Crew;
" Allowing a dangerous condition to exist on the premises;
" Failing to warn the Pool Crew of the dangerous condition on the premises;
" Instructing the Pool Crew to work in a dangerous environment;
" Conducting improper and unsafe workover operations.
" Conducting workover operations with an unauthorized person on the premises.

III. DAMAGES
Javier Solis suffered an above the knee leg amputation. His wife and children brought suit for loss of consortium.

IV. CASE DISPOSITION:
The Plaintiffs settled with Cabot Oil and Gas Corporation and Gregory Gurley for a combined total of $2,300,000.00. The Plaintiffs nonsuited Kennedy Wire Rope and Sling Company.

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