After two oilfield workers who were burned when their equipment allegedly blew up in their faces sued, two Wyoming energy companies involved with the worksite argue the workers are more at fault for causing their own injuries.
Eric Vollmar of Wyoming and Andrew Simpkins of Texas on June 10 sued energy company Anschutz Exploration Corp. and natural gas company Certarus Ltd., both registered in Wyoming.
The men accuse the companies of negligently causing two explosions on a fracking site in Carbon County. Both explosions happened within six weeks of each other in December 2023 and January of this year, court documents say.
“(It was) a giant surging ball (of flame) that just got us,” Vollmar told Cowboy State Daily in June.
The men also sued chemicals company EZ Chem but have since asked the judge to dismiss that company from their lawsuit.
No Control Over That
Now, both Certarus and Anschutz say the men’s injuries were caused by people or factors beyond their control.
“The negligence or fault of the Plaintiffs’ far outweighs that of Defendant Certarus, which negligence or fault is specifically denied,” reads a Nov. 5 answer by Certarus Ltd, filed in the U.S. District Court for Wyoming. “The sole and proximate cause of the injuries and damages of which (the workers) complain were the result of negligence or fault of third persons over whom … Certarus had neither control nor right of control.”
Anschutz’ answer, filed Aug. 26, contains similar wording but also questions why the men did not sue their employer, HP Oilfield Services LLC.
HP Oilfield was working the site, Certarus was supplying natural gas, and Anschutz owns and manages the site, court documents indicate.
“(The workers) were not on the property at the specific invitation of Anschutz, who relied on HP Oilfield Services LLC, to oversee its employees from a safety standpoint,” says Anschutz’s answer to the lawsuit. “Plaintiff’s injuries arose not out of any condition that runs with the land, but rather were caused by their own negligence and the negligence of their employer, HP Oilfield Services.”
HP Oilfield is not being sued in this case. The company did not immediately respond to email and voicemail requests for comment.
This case is set for a pretrial conference Dec. 2, according to a Wednesday filing by U.S. District Court Judge Alan B. Johnson.
'Super Lucky To Be Alive'
Vollmar was working Dec. 17, 2023, on the fracking site. A giant propane tank that he estimated contained about 3,000 gallons of fuel sat on site, along with a hot box behind it and a “bunch of coils,” Vollmar told Cowboy State Daily in June.
He was walking up the stairs toward the equipment when he heard a whistle.
The sound was probably gas swelling in a line, finally puncturing through into the heater, or “hot box,” and igniting a stream of gas, prompting the explosion, he said.
A giant surging ball hit him, he said, adding that he found himself engulfed in flames.
“Thankfully the propane tank didn’t blow up,” he said.
The water crew on scene later told Vollmar they believed they were watching him die, he recounted in his interview.
His beard and long hair were smoking.
The lawsuit complaint says Vollmar suffered burns to his face, back, neck, hands and other parts of his body, and claims this is a result of overpressure caused by petroleum natural gas supplied by Certarus.
Six weeks later, a similar explosion on the same site treated Simpkins much worse, said Vollmar.
The complaint says Simpkins was working on top of an 18-wheeler when the frac heater on that rig “suddenly exploded” as he was walking back to the cab, burning his face, back, neck, hands and other parts of his body.
Vollmar said Simpkins’ backpack melted and his hands were burned, amid other “gnarly” injuries.
The complaint attributes this explosion to overpressure as well, and blames Anschutz for alleged site mismanagement for both incidents.
“I guess, you know, a lot of stuff can happen out there,” said Vollmar. “We’re both super lucky to be alive.”
Clair McFarland can be reached at clair@cowboystatedaily.com.
