A 28-year-old Texan has been awarded US$411m after he sustained severe brain and spine injuries when he was struck by a falling scaffolding bar at a Phillips 66 refinery in Lake Charles – marking the largest single-plaintiff personal injury award in Louisiana history.
Jose Valdivia was left wheelchair-bound with limited ability to speak following the incident.
According to reports, the verdict marks the largest single-plaintiff personal injury award in Louisiana history.
Valdivia sued Brock Industrial Services, Brock Services, and Phillips 66 Company in April 2023, alleging negligence, with his legal team arguing that Brock Services failed to uphold basic safety standards.
The accident occurred in August 2022 when a 20-pound metal bar fell from above, striking Valdivia despite his hard hat and protective gear. His attorneys claimed Brock Services was responsible for dangerous working conditions and sought to downplay his injuries throughout the trial.
“Without juries courageous enough to stand up to large corporations like Brock Services, those who do the hardest and most dangerous work go unprotected. My hope is that this verdict will cause serious change in the scaffold industry to put safety first,” Christensen said.
The case could have been settled, but Brock’s insurers declined multiple settlement offers, all within their policy limits, forcing a trial.
Despite the property and casualty insurance industry reporting US$99bn in net profits in 2024, Brock’s insurers opted not to settle, leaving the company exposed to the massive verdict.
“Mr. Valdivia was horribly injured and deserved to be fully and fairly compensated. Brock also deserved to be protected by its insurers. That did not happen because of Brock’s insurers,” Christensen said, according to reports.
“If Brock’s insurers had acted reasonably to protect Brock, this case never would have gone to trial.”
