Court hears arguments on BP blast testimony

http://www.chron.com/disp/story.mpl/headline/biz/5226133.html

By JANET ELLIOTT
Copyright 2007 Houston Chronicle

AUSTIN — A battle over whether former BP CEO John Browne should be forced to testify in a deposition about the deadly 2005 explosion at the company's Texas City refinery reached the state Supreme Court on Thursday.

Brent Coon, a lawyer for plaintiffs in civil litigation against the British energy giant, said that Browne was in a position to have unique information about budget-cutting decisions that may have affected safety at the refinery.

"Lord Browne was a very hands-on CEO," said Coon. He noted that Browne was highly visible at the refinery after the explosion, holding news conferences and meeting with employees.

Katherine Mackillop, who argued for BP, said Browne was doing what any good CEO would do in that situation.

At issue is a legal principle known as the "apex-deposition doctrine" that protects a company's highest officers from potentially harassing depositions unless they have actual and pertinent knowledge not available from other sources.

The justices peppered the lawyers with questions about whether the apex doctrine applies to a retired CEO. They also wanted to know why state District Judge Susan Criss of Galveston ordered Browne to give a deposition even though the plaintiffs' lawyers had agreed to forgo his deposition and question another high-ranking official, former BP refining division head John Manzoni.

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