Family of worker killed at Oak Grove Power Plant files wrongful death lawsuit

The family of Brandon Ferguson, a worker who was tragically killed last year at the Oak Grove Power Plant, has filed a wrongful death lawsuit against Luminant Energy, Vistra Corp., and several other companies. The lawsuit alleges gross negligence and repeated safety failures that contributed to his death. Ferguson, a 37-year-old father and machine specialist, died on May 13, 2024, while attempting to clear a coal blockage inside a crusher bypass chute at the plant near Franklin. According to the lawsuit, a sudden release of stored energy caused metal grates, known as Grizzly Bars, to close unexpectedly, crushing his head and neck. His wife, Barbara Ferguson, filed the lawsuit in the 68th Judicial District Court of Dallas County, seeking more than $1 million in damages. The complaint claims that Luminant, Vistra, and Oak Grove Management, which operates the plant, failed to enforce OSHA-required safety measures, including proper lockout/tagout procedures designed to prevent unexpected machine activation. “This was a preventable tragedy,” said Cameron Maki of Texas Trial Attorneys - Mass Tort Litigation Firm | Laminack, Pirtle & Martines. “Brandon’s death is not an isolated incident. In just the past two years, this power plant has seen multiple severe injuries and fatalities due to blatant safety violations. The defendants’ failures cost Brandon Ferguson his life, and we will not stop until those responsible are held accountable.” The lawsuit also names Fluor Corp., SAS Global, and Benetech Inc., alleging that they provided defective and unreasonably dangerous equipment and failed to inform workers of known hazards. It further accuses the defendants of creating unsafe conditions, failing to properly train workers, and disregarding previous safety incidents at the plant. Following Ferguson’s death, the Occupational Safety and Health Administration (OSHA) launched an investigation, resulting in $186,671 in penalties against Oak Grove Management. These penalties were issued for multiple serious and willful violations, including failing to provide fall protection, failing to warn employees of hazardous confined spaces, and not establishing lockout/tagout procedures. The case has since been assigned to an administrative law judge for further review. This lawsuit is the latest in a series of workplace safety incidents at Luminant-operated facilities. Just eight days before Ferguson’s death, a silo collapse at the nearby Kosse Coal Mine injured five workers. In May 2023, a worker was killed in a boiler explosion, and in February 2023, multiple employees were hospitalized following a chemical exposure incident at the Oak Grove plant. The case is pending in the 68th Judicial District Court of Dallas County under Cause No. DC-25-03287. The Ferguson family is seeking compensation for medical expenses, loss of income, mental anguish, and punitive damages for what they argue was a preventable and reckless disregard for workplace safety.