A Starr County jury unanimously awarded $1.6 billion Friday to the families of two men who died in an explosion at a Pecos hazardous-chemicals plant in 2023.
Both Reinaldo Garcia Pena, 57, and Angel Alaffa, 30, traveled from the Rio Grande Valley to work at Upton Assets’ facility in Pecos. The facility receives, stores, processes and transfers highly flammable natural gas liquids and condensate from oil and gas fields throughout the Permian Basin and Reeves County.
Process safety management facilities are required to have trained personnel document safety procedures, hot work permits and contractor oversight. The facility hadn’t implemented any safety measures prior to the explosion, according to evidence shown at trial.
“Oil and gas companies that cannot follow basic safety rules have no business operating in the State of Texas. Upton Assets spent two and a half years telling these families that Reinaldo Garcia and other parties were to blame,” Rob Ammons of The Ammons Law Firm said in a press release. “This jury, after hearing all of the evidence, rejected that argument completely and held Upton Assets fully accountable. The jury spoke with one voice: This was entirely Upton Assets’ fault, and it wasn’t a mistake — it was a serious, knowing disregard for safety.”
Garcia and Alaffa were on top of a tank battery welding when it exploded and threw their bodies, causing them fatal injuries.
The 12-member jury answered the 16-question verdict form late Friday after the two-week trial in Judge Jose Luis Garza’s courtroom.
The jury found Upton Assets committed negligence and was 100 percent responsible for the resulting injury of the explosion.
The jury awarded $101.5 million in compensatory damages to Garcia’s widow $50.75 million to his daughter and $50.75 million to his daughter — totaling $203 million in compensatory damages for the Garcia family. The jury also awarded $609 million in punitive damages to the Garcia family, apportioned between his widow and daughters.
“Reinaldo Garcia Pena was the heart of his family. Since October 7, 2023, Reinaldo’s family has had to navigate life without him — a loss no family should have to endure, and one that never had to happen,” Heriberto “Herbie” Montalvo of The Ammons Law Firm said in a press release. “Every safety failure that led to the explosion was preventable. This jury understood that, and their verdict reflects it.”
The jury awarded compensatory damages to Alaffa’s widow, to his minor daughter, and to his parents, totaling more than $200 million in compensatory damages for the Alaffa family. The jury also awarded $609 million in punitive damages to the Alaffa family, apportioned equally between his widow and minor daughter.
“Our Starr County jury made one thing clear: if a company chooses to ignore safety, it doesn’t get to walk away from the consequences. This jury did the right thing and I guarantee future companies will think twice about treating human life as expendable,” Marion Reilly of Martinez Reilly told The Texas Lawbook.
The Garcia family is also represented by Omar Escobar Jr. of the Escobar Law Firm and Jesus A. Zambrano and Edgar E. Garcia of the Zambrano Law Firm.
The Alaffa family is also represented by John Martinez and Matthew McMullen of Martinez Reilly.
Upton Assets was represented by Gayla Corley, Warren Wise and Emily A. Gearhart of MehaffyWeber, Michael H. Bassett and Robert L. McGee, Jr. of Chartwell Law, and Caitlin E. Bratt of Clausen Miller. They did not immediately respond to a request for comment.
The case is Elizabeth Garcia, et al., Estate of Angel Alaffa v. Axis Transport, LLC, Upton Assets, LLC, Salazar Service & Trucking Corp., and Thomas O. Hanks, DC-23-465.