PALM HARBOR, Fla. (WFLA) — A Bay Area family is still searching for answers.
Eight months have passed since the tragic death of 46-year-old Sheryll Caballes at a Palm Harbor Circle K.
A lawsuit filed in Pinellas County last week claims the device designed to stop all fuel flow in the event the pump is damaged or struck by a vehicle did not work and Circle K employee failed to trigger the emergency stop switch, which would have cut off the gas and possibly saved Caballes’ life.
The family’s attorney, Ben Whitman, says they also make a shocking discovery, that Circle K and its contractors destroyed evidence by discarding the shear valve that should have stopped the fire. He says they also failed to preserve the nuts and bolts used to secure the fuel dispenser to the ground that broke during the incident.
“Those people are going to have to answer questions about what happened on the day of the incident, why certain things didn’t happen,” Whitman said. “As we were the initial part of our investigations, every time we turn the page, it was almost a fall out of your seat moment.”
The Florida Highway Patrol says a 66-year-old woman backed into a gas pump last December. The pump fell on Caballes while she was pumping gas, pinning her against her SUV.
Court documents say two of her children tried to save her but couldn’t. Caballes burned to death.
“There were many things that could have happened that did not happen that could have prevented this woman from dying in the most horrific manner,” Whitman said.
As the family grieves, they hope this lawsuit sheds light on why this happened, so no other family has to experience their pain.
“I don’t want anyone to think that just because they’re trying to move forward every day, that there’s a moment that goes by for any of them that they aren’t thinking about what happened to their treasured mother, treasured wife,” Whitman said.
