Last October's Massive Chemical Fire Caused Death of Passing Motorcyclist, Family Says

Categories: Legal Battles

Waxahachie-Fire.jpg
CBS 11
For four days last October, the Magnablend chemical plant along Highway 237 in Waxahachie burned. A flammable gas cloud had formed during the blending process and had been ignited by a spark of unknown origin. As the Texas Commission on Environmental Quality determined, "It appears that the incident could have been avoided with better maintenance or engineering practices."

As smoke poured from the fire on October 3, prompting officials to shut down the downwind portion of Highway 237, Delbert Wiser was driving his 2005 Yamaha motorcycle toward the scene of the fire, his wife Dana on the back. A crowd was gathered to gawk and take pictures and, as the motorcycle drew near, the car in front suddenly stopped. As Wiser tried to avoid a collision, he and his wife were thrown from the motorcycle.

Neither was wearing a helmet. Delbert was taken to Parkland via ambulance with three broken ribs and a fractured clavicle. Dana was airlifted there, but she had an inoperable massive subdural hematoma and died three days later.

Delbert and his family filed a lawsuit Monday against Magnablend, blaming the company for Dina's death and seeking $8.6 million in damages. According to the suit, which you can read below, the company was grossly negligent in failing to take legally required steps to prevent the fire, which created a public nuisance and hazardous traffic conditions, which caused Dina's death.

I've left a message with Magnablend spokeswoman Jamie Castro. I'll update when I get a response.

Update on Aug. 10: Melissa Chapman, who does PR for Magnablend, said the company has not yet received a copy of the lawsuit. She said the company doesn't comment on pending litigation.

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14 comments
jonas254259
jonas254259

This is to all of the complete idiots that made the uncaring, inhumane remarks concerning this case.  There is such thing as CONTRIBUTORY negligence.  The bottom line is, if the fire had never happend Dana Wiser would still be alive.  If the workers at this plant had used good judgement in mixing the dangerous compounds, there never would have been a dangerous gas created in the plant and this gas would never have been ignited and this fire would never have occoured.  The fire created an unsafe smoke cloud that caused the unsafe road conditions to occour.  The negligence here is clearly contributory to this womans demise and it cant be ignored and just swept under the rug.  I would also add that The Texas Department of Transportation should have also had this road completely shut off until the fire had subsided to a degree that allowed for safe passage and proper croud control.   I will also add that you foolish poorly educated and otherwise low people should get a life and realize that you have no idea what you are talking about.  Your remarks are cruel and completely inappropriate.  Wait until its your loved one laying in a casket and then we will see where your sensibility is.   If it were your family member who had passed under these circumstances you would be doing the same thing.  It makes no difference wether a helmet would have saved her.  She wasnt operating outside the confines of the law, Magnablend was!    

rufuslevin
rufuslevin

if he wasn't riding a Harley, he wasn't significant.

rufuslevin
rufuslevin

well...Mosquito Spraying in Dallas is next.........asthmatics will all die.....

nose2much
nose2much

This attorney has been practicing for a long time and has no clue how res ipsa loquitor should be pleaded.  Res ipsa loquitor isn't "I think it is negligence and I don't have any facts to prove it but just trust me," which is how this Kalis pleaded it in his petition.  Res ipsa loquitor, the thing speaks for itself, is "it is so obviously negligence that no one has to say it."  It isn't a couple of darwinian examples riding a motorcycle without helmets who failed to ride defensively.  It might more properly be a couple of motorcycle riders behind a truck that had been so defectively maintained that the truck blew apart right into two cautious riders who had nowhere to go.  See the difference?

BurmaJones
BurmaJones

What a stupid lawsuit.  They should sue the non-existent god who made them stupid enough to ride on a motorcycle without a helmet.

rubbernecker
rubbernecker

I am going to sue the motorcycle manufacturer for not compensating for a rider heading toward a chemical plant fire would not anticipate snarled traffic. This causes me great emotional distress. I am also going to sue Magnablend because the name of their company sounds way too caustic.

movinondown
movinondown

This would have happened if a squirrel ran across the road and caused a traffic jam.

 

Why? Because they were not riding safely. It's your responsibility to drive/ride in control at all times in a manner that allows you to adjust to changing road conditions!

 

You don't get to sue the squirrel.

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

Never happy to see someone lose their life senselessly, but as one ER nurse once told me:

 

"Do you know what we call motorcycle riders who do not wear helmets?"

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"Organ Donors."

pak152
pak152

not much more can added. to what the others have said except it is called defensive driving. pay attention to what is going on ahead of you and around you. slow down and wear a helmet

Tim.Covington
Tim.Covington

I have my my motorcycle license and ride from time-to-time. This was the couple's fault.

1. Neither of them were wearing a helmet.

2. Delbert Wiser was not paying enough attention to notice the fire to anticipate needing to stop.

 

They do not want anyone who has their motorcycle license on that jury, or the jury will laugh them out of court.

CraigT42
CraigT42

Sad to lose life so senselessly  but by choosing to ride without helmets and by failing to maintain a safe distance from the car ahead of him it seems more fault goes to the husband than to the chemical plant.

G_David
G_David

That applies to motocyclists in general, helmet or not.

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