Touchstone partner Wayne Gordon recently got a Bituminous insured, Pampa Machine and Supply, nonsuited from a $100 million case filed by Diamond Shamrock Refinery against several defendants concerning a refinery fire and explosion near Dumas, Texas.
The claims were for repair costs to the plant and business interruption/lost profits. The allegations included negligence in the refurbishing of a defective gate valve in a piping system which allegedly started the fire.
Wayne filed a motion for summary judgment on behalf of Pampa and then convinced the plaintiff to drop our client from the suit because the plaintiff had no evidence that Pampa had ever worked on the gate valve in question.
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