Oil Firm Told to Pay $267,055 to Worker’s Son for Fatal Mishap

An oil company must pay $267,055 in damages to the 4-year-old son of a Ventura County worker killed in a 1994 well accident that also claimed the lives of two other men, a Superior Court judge ruled Tuesday.

This is the third and smallest award of damages against Oklahoma-based Vintage Petroleum Inc., found liable in the accident for failing to take proper safety precautions.

Although the boy’s lawsuit sought more than $2.5 million, the judge said evidence presented at trial was “melodramatic” and appeared to be motivated by a desire to cash in on a large court judgment.

Ronald Johnson, 24, was part of the crew killed on Aug. 10, 1994, during a gas leak at Vintage’s oil production site north of Ventura.

Johnson left behind a 6-month-old child, Tyler, and girlfriend Shannon O’Toole. Because the couple had never married, O’Toole could not participate in a wrongful death action, but a lawsuit was filed in Tyler’s name to recover a claimed loss of financial support and companionship.

During the damages phase of the trial, O’Toole testified she was “about to be married” to Johnson and described him as a loving, devoted father to their son.

But Judge Barbara A. Lane rejected O’Toole’s testimony. In a written decision, Lane called O’Toole’s testimony “exaggerated, melodramatic, rehearsed-sounding and, in key respects, not credible.”

Lane suggested O’Toole had wanted to “obtain a large damages award that will indirectly benefit [her] as Tyler’s mother.”

At the time of his death, Johnson’s annual income was about $26,000, and an economist hired by the plaintiff estimated that the oil driller’s earnings would have increased as he moved up through the company’s ranks.

But in her ruling, Lane said Johnson would have been fired soon after the accident for drug use if he had survived, based on large amounts of methamphetamine found in his system by the coroner.

Pride Petroleum, the subcontractor that employed Johnson, has a strict policy against drug use.

“Ron Johnson, far from being a career employee at Pride Petroleum, would have been terminated, had he survived,” the judge wrote.

Also, Lane said evidence showed Johnson had never obtained medical benefits for his child and spent most of his money on himself, factors the jurist considered when weighing the level of Tyler’s financial support before the accident.

It was Johnson’s drug use that caused Lane in the negligence phase of the trial to rule that Johnson was 10% responsible for his death in the accident. Consequently, the judge reduced Tyler’s damage award of $269,752 by 1%.

Earlier this month, Lane awarded nearly $1.3 million to one of the surviving oil field workers, Toby Thrower, and his wife. That amount was to compensate for Thrower’s physical suffering, including chronic headaches, and lost wages as a result of the accident.

Last week, Lane awarded $1 million to the parents of Sean Harris, a 26-year-old worker killed in the accident.

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The men were working for Pride Petroleum to convert a defunct, 70-year-old well into a disposal site on Vintage’s property. As they injected water into the well, toxic gases spewed from the ground. Johnson, Harris and another man--Jason Hoskins--died almost immediately. Three workers who came to their rescue, including Thrower, were seriously injured.

After the accident, the survivors and relatives of those killed filed separate negligence lawsuits against Vintage, which were consolidated into a single case for trial.

Vintage attorney Bruce Finck said Tuesday the company will most likely appeal the decisions. Tyler Johnson’s attorney could not be reached for comment.

Lane is expected to make three additional damage awards in the case.

’ Ron Johnson, far from being a career employee at Pride Petroleum, would have been terminated, had he survived.’

Judge Barbara A. Lane