A West Bountiful police officer filed a lawsuit last week against a Davis County refinery's California corporation and its local manager for an accident that occurred during a fire at the refinery last year.
The suit filed by officer Ty Berger says manager Harry McSwain, and vicariously Crysen Refinery Inc. - because McSwain was responding as a company representative - caused Berger "serious and permanent injuries" and the "loss of income, and extreme pain of body and mind" after McSwain ran a roadblock with a truck, allegedly striking Berger.On May 22, 1993, lightning struck an 8-foot-high tank partially filled with crude oil at Crysen Refinery, 2355 S. 1100 West. The lightning missed two 40-foot tanks standing next door.
As a precaution, police set up roadblocks and turned away many sightseers but let refinery employees in when they identified themselves as such, the lawsuit says. As McSwain, 62, approached the roadblock, an ambulance with activated sirens and lights attempted to pass him.
The suit says McSwain refused to let the ambulance pass, failed to stop and identify himself and struck Berger as he drove through the roadblock. The officer is asking for more than $2 million for punitive damages.
McSwain was unavailable for comment.