$M lawsuit filed in US

In that incident, Emmanuel Frazer and Kevin Joseph were killed. Two other workers, identified as Eric Garvin and Jason Stephens were critically injured. The accident occurred on September 6, 2001. The injuries to Garvin and Stephens were so serious that they have not been able to work since then.

The lawsuit was brought against Chicago Bridge and Iron Incorporated, which had a contract to perform certain duties at the plant. Chicago Bridge and Iron is a company with registered offices at 350 North Street, Paul Street, Texas, United States.

The lawsuit was first filed in the United States District Court, Southern District of Florida. But when the matter was called on October 29, 2005, in Florida, it was transferred to Texas. When it was called on December 16, 2005 in Texas, it was agreed that depositions in the case must be taken in Trinidad on February 24 (Carnival Friday).

Lawyers representing both parties, along with court stenographers from the United States, will fly to Trinidad to take the depositions at a venue still to be decided. The case for the plaintiffs was taken up by top Florida attorney Dean F Mosely who is being assisted by Harrison R Fisher Sr, Mervyn Cordner and Trinidadian attorney Thomas Cunningham.

Cordner, who is now based in Orlando, is a former member of the TT Police Service and the much-feared Flying Squad under the late Commissioner of Police Randolph Burroughs.

Mosely and Cordner were in Trinidad last week finalising details for the taking of the depositions next month, the final step before the case goes for jury trial.

When contacted on Friday, Cordner told Sunday Newsday that this will be one of the biggest cases in the US dealing with an accident in the Caribbean. Asked to quantify the amount of damages sought, Cordner was unwilling to say, but he confirmed that it would be "millions of dollars."

Cordner revealed that he first came to Trinidad on September 14, 2001 to deal with this matter and has been back at least 12 times since.

Following the accident in 2001, a police investigation was launched by the Point Fortin Police. On April 9, 2002, a Sgt Cooper recommended to the Senior Superintendent of the South-Western Division that an inquest be held to determine the circumstances surrounding the deaths of Frazer and Joseph and that Garvin and Stephens be summoned to say what they know of the incident. But to date, that inquest has not been held.

To compound matters, Frazer’s wife Diane, grieved for her husband and died four months after the incident.

On the day of the incident, Frazer and Joseph were standing on a scaffold 80 feet above ground. They had gone to the top of a tank to perform certain duties. Frazer decided to go down for dinner. At the same time, the crane operator banged a cement shutter into the scaffold causing Frazer and Joseph to fall 80 feet to their deaths.

Garvin, who celebrates his 48th birthday on Tuesday, lives at Warden Road, Point Fortin. He worked on the Atlantic LNG Trains 2 and 3 as a rigger. On the day of the incident, Garvin said one of the shutters was giving trouble as it was not installed properly.

In a statement, Garvin said he informed the supervisor of the problem as "he saw death was coming." That was around 10.30 pm. Garvin said he recommended that the problem be corrected during the day time. He said the shutter suddenly sprang out causing those on the scaffold to fall. Stephens who was behind Frazer and Joseph held on to a safety belt.

Garvin said he has been having nightmares about the incident, which he said could have been avoided.