Houston Court of Appeals Allows Injured Plant Workers’ Suit to Proceed Against LyondellBasell 

Kherkher Garcia has secured an important appellate victory for Eladio Blanco and his co-plaintiffs in Blanco v. LyondellBasell. The First Court of Appeals of Texas denied LyondellBasell Acetyls, LLC’s (LYB) petition for writ of mandamus on October 13, 2026. The court’s decision leaves in place the trial court’s denial of LYB’s motion for summary judgment and lifts the stay that paused proceedings while the appellate challenge was pending. This appellate victory allows the litigation to move forward. 

A Serious Industrial Incident 

Eladio Blanco was working as a boilermaker at LYB’s La Porte facility in August 2024. Blanco and fellow workers were hired to remove a pressure relief valve. The plaintiffs allege that the pressure in the lines was not properly relieved before the work began. Furthermore, the piping configuration made it impossible to safely complete the task as planned. While completing the task, a blowout occurred and 500-degree (approximate) pressurized saturated steam was released causing severe second and third degree burns to Blanco. 

The case has involved a significant legal obstacle: LYB’s argument that workers’ compensation law bars the claims. Kherkher Garcia continues to pursue the case on the position that the circumstances support an exception based on intentional conduct.  

The trial court denied LYB’s motion for summary judgment in December 2025 and later denied its motion for reconsideration. LYB then sought mandamus relief from the First Court of Appeals, challenging those trial-court rulings. The matter remained pending before the appellate court for five months before the court denied the petition. 

Why the Appellate Decision Matters 

Mandamus is an extraordinary appellate remedy, not a routine second opportunity to challenge a trial court ruling. The First Court of Appeals’ October 13 opinion denied LYB’s petition and lifted the stay imposed during the proceeding. The court did not issue a detailed discussion of the underlying merits, and the ruling should not be characterized as a final determination of liability. But it does represent an important procedural victory for Blanco and his co-plaintiffs: LYB’s effort to obtain relief through this proceeding was unsuccessful, and the underlying case can continue. 

For injured workers and their families, cases involving industrial facilities raise difficult questions about workplace safety, responsibility, and the legal limits on recovery. This decision underscores the importance of thorough case preparation and strong legal advocacy when a defendant challenges whether a case can move forward. 

A Team Effort Behind the Result 

The result reflects the work of the Kherkher Garcia team that has stood behind the case from its early stages. The case was originally referred to Kherkher Garcia by attorney Jim Soto. Bernard Lo and Tori Brown presented the arguments and briefing that helped defeat LYB’s motion for summary judgment. Partner Kevin Haynes and Attorney Troy O’Brien were also instrumental in obtaining this victory. When the company pursued mandamus relief, the Kherkher Garcia team worked with Dale Jefferson’s firm to craft an outstanding appellate response. 

Throughout this litigation, the team has remained committed to pursuing the claims on behalf of Blanco and his fellow workers. As the case moves forward, we will remain committed to pursuing the justice that our client deserves. 

“We believed in this case from day one. This decision is an important step forward for our clients, who have waited through another round of litigation to continue pursuing their claims.” 

The Case Moves Forward 

The First Court of Appeals’ ruling is a meaningful milestone, but the litigation is ongoing. The appellate court denied the mandamus petition but did not decide liability or damages. Kherkher Garcia will continue to pursue the claims and advocate for the best interests of our client. 

At Kherkher Garcia, we understand that serious workplace injuries change lives and families in an instant. Our team works to help injured workers and their families navigate complex litigation and seek accountability for the harm they suffered.