An Oklahoma City federal judge has granted a widow’s request to transfer her lawsuit over the 2023 death of her husband at the Wynnewood CVR refinery back to Garvin County District Court.
U.S. District Judge Patrick R. Wyrick made the determination in the request of Lacy Foster to transfer the case after it was moved to federal court at the request of the refinery.
She sued the refinery and two employees, Raymond Ralph and Douglas Ivy accusing them of negligence over the death of Jonathan Foster during an explosion on May 23, 2023 at the refinery.
Ralph was the refinery’s safety manager and Ivy the operations manager. Both were accused of failing to see that a valve was “properly isolated, bypassed, or locked out” when Foster and another worker were sent on May 22 to troubleshoot a particular valve. They were ordered back a day later and the lawsuit alleges the Operations Department failed to bypass or clear hazardous waste from the valve pursuant to Wynnewood safety policies. That valve exploded, causing thermals burns and smoke inhalation that killed Foster three days later.
Judge Wyrick ruled Wynnewood’s claims to keep the case in U.S. District Court were “moot” and he sent the case back to Garvin County District Court in Pauls Valley.