Gas supplier to compensate for 2015 El Pecos Maraval blast

A HIGH COURT judge has found North Plant LPG Co-operative Society Ltd, the supplier of liquid gas to the El Pecos restaurant in Maraval in 2015, to have been negligent and liable for damage to the property which housed the restaurant.

Justice Avason Quinlan-Williams delivered an oral decision in August. On Monday, she provided her written decision, in which she found North Plant LPG to have caused the deadly explosion at the restaurant on February 5, 2015.

A dozen people were seriously injured in the explosion, and four months later, the restaurant’s accountant John Soo Ping Chow died at the Jackson Memorial Hospital in Miami.

In its claim for compensation, Continental said the negligence of North Plant LPG’s employees resulted in several explosions, fire damage and extensive structural damage, public liability and loss to the property as well as loss of income, injury to people, death, and vehicles parked on the compound.

A fire investigation report suggested there was a gas leak in the delivery line of the gas truck.

The report also said: “The most probable cause of the fire was as a result of ignition to a mixture of LPG and air, within the rear passageway near the El Pecos LPG cylinders,” while the conclusion of an examination of the gas hose at the Forensic Science Centre said the nozzle did not fit the hose.

Continental Corporation, the owner of the Royal Palm Plaza in Maraval, which housed El Pecos and several other businesses, sued North Plant LPG for negligence for loss, damage and expenses caused by the gas supplier’s employees in delivering liquid gas to the restaurant.

Continental accused North Plant of delivering liquid gas without due care and attention; neglecting to keep proper control of the hose and equipment during the delivery to El Pecos; failing to have regard for the other occupants of the property by giving any proper warning that gas was being supplied; endangering lives; failing to notice the damage to the hose line; and failing to prevent the hose from escaping its handler’s grip.

The property’s owner sought $2.1 million in damages, but the judge held that the company did not provide evidence in support of its claim for special damages.

However, she found that based on the evidence and the finding of fact on the issue of negligence on the part of North Plant LPG, there should be an award of nominal damages of $600,000.

In her decision, Quinlan-Williams said the award was not instead of the award of special damages, but because North Plant LPG was found to have breached Continental’s legal rights.

In her decision, Quinlan-Williams said she was satisfied that the actions of the driver of the LPG truck caused the explosion. She said had it not been for the breach in safety procedures by North Plant’s employee, the explosion would not have taken place.

In its defence, North Plant LPG contended it had not started the delivery of the LPG to El Pecos at the time of the explosion. It claimed the explosion and fire happened before the hose from its fuel truck was attached to the LPG cylinders and before the pump on the truck was engaged to dispense LPG.

Continental was represented by attorneys Rajiv Persad, Lee Merry, Michael Xavier and Lionel Luckhoo. North Plant LPG was represented by Senior Counsel Avory Sinanan, Kelvin Ramkissoon and Nizam Saladeen.