PALM HARBOR, Fla. — Court records indicate settlements have been reached after a deadly fire at a Circle K in Pinellas County last December.
The deadly fire happened just days before Christmas on Dec. 22, 2021.
Sheryll Caballes, a mother of five, was killed after being pinned against her vehicle and a fuel pump. She was pumping gasoline at the Circle K on East Lake Road in Palm Harbor. A driver backed into the fuel dispenser knocking it from its base.
Her two children witnessed the fire.
"It's beyond imagination for what Sheryll must have realized, what was happening and who was watching when she was dying," said Ben Whitman, a personal injury attorney with Clark, Fountain, La Vista, Prather, Littky-Rubin & Whitman Law Firm.
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Court records contain numerous photos of the incident including photographs of pump #8 engulfed in flames and Sheryll's vehicle pinned against the fuel dispenser.
"This is a case where a completely innocent woman was burned to death because of a failure on multiple levels of safety systems at this Circle K," said Whitman.
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In August, the Caballes family filed a lawsuit against 13 defendants, including Circle K Stores, Inc. and Shell Oil Company. According to court documents, several parties have settled with the family for an undisclosed amount. A settlement has not been reached with Circle K or Shell Oil.
The lawsuit alleges the defendants destroyed "multiple pieces of physical evidence," including a shear valve, a fire suppression device designed to stop all fuel flow if the pump is damaged or struck by a vehicle.
"The second category of evidence that was destroyed was the connective hardware which is the bolts, nuts and washers that were used to attach the fuel dispenser to the ground," said Whitman.
Attorneys for the family have filed a motion asking the court to get involved and make sure the defendants preserve any remaining evidence.
"Now that we ask them to hold onto the things they haven’t thrown away. They’re saying they don’t want to, so we’ve been forced to go before the court and ask for assistance," said Whitman.
"We are prepared to try this case and present it to a jury and would welcome the opportunity to do so. If there’s an opportunity to reach an amicable resolution, we’re open to having that discussion as well," said Whitman.
ABC Action News reached out to the attorney representing Circle K. We have not heard back.
