Nelson v. Southeast Propane (North Dakota) (2015)
Settlement: A trial of this case was scheduled for April 2015, and settlement was reached shortly before that to compensate Mr. Nelson for his injuries.
Fact: This case was very recently concluded. A propane gas explosion occurred in the home of Hal Nelson who lived in North Dakota at the time of the explosion. Southeast Propane was a propane provider to Mr. Nelson. Mr. Nelson sustained very serious burns when propane gas leaked from a corroded gas line located in his basement. Liability was predicated based on the fact that Southeast was required to conduct mandatory testing and inspection of the propane gas system at Mr. Nelson’s home and should have done so on numerous occasions. Mr. Nelson’s propane gas system contained an out of date regulator which was required to be removed and replaced with a new one. Southeast knew of this and had promised Mr. Nelson that it would be changed but failed to do so. Part of changing the regulator would have required mandatory testing and inspection of the entire propane gas system. Had this been done, Southeast would have discovered a corroded and leaking gas line in the basement. The gas line was corroded and leaking because, contrary to NFPA 54, it was not properly placed in the basement and was allowed to come into contact with the concrete block in the basement. Concrete block is known to be corrosive on gas lines and such contact is prohibited.
Knox v. Southern States Coop., Housewarmings, Trane, Monessen and Everburn (Kentucky) (2014)
Settlement: Plaintiffs had damages of 18 million.
Fact: On September 22, 2011 in Powell County Kentucky, a propane explosion occurred resulting in the death of the homeowner and 2 adult children. Southern States, the national propane supplier, was the propane provider to the home. The other defendants manufactured propane appliances that were in the home. The cause of action against the propane appliance manufacturers was based upon failure to warn. Early in the litigation, plaintiffs were able to reach substantial settlements against the appliance manufacturers and the case proceeded against Southern States. Several years prior, Beattie Law Firm had just completed a case in Virginia - Gentry v. Southern States. In the Gentry case, Beattie Law Firm was able to obtain all of the corporate records relating to training, policy practices, and procedures. Beattie Law Firm also took the sworn testimony of all the corporate officials of Southern States. The information gained in the Gentry case proved invaluable in prosecuting the Knox case in Kentucky. In Knox, Beattie Law Firm established that Southern States virtually had no training program whatsoever and any training was inadequate. This was exemplified by the fact that approximately 2 weeks before the explosion, a propane gas deliveryman from Southern States was at the home delivering propane. During the delivery, Karen Knox, at the request of her father, informed the driver that her father believed there was a leak in the propane gas system and to check it out. During the depositions, the Southern States driver admitted that he did not do so because Karen Knox’s father was “an old man.” Of course, there were many other violations of Kentucky law, NFPA Standards, and industry custom. Because of the refusal and violation of the standards, propane gas leaked into the home, resulting in the explosion and the 3 deaths. Because of this very unusual circumstance in refusing to conduct an investigation to determine whether the gas system was in fact leaking, the conduct of Southern States rose from negligence to a punitive damage case. Because of this and the venue, we had valued the case at approximately $18 million. Many depositions were taken before the parties agreed to engage in mediation in May 2014. No settlement was reached and approximately one month later Southern States and its insurer met with plaintiffs, resulting in a very substantial confidential settlement.
Veldesma-California (2014)
Settlement: Mr. Veldesma had damages of approximately $1 million.
Fact: Mr. Veldesma was a worker at a resort in the Northern California woods. The resort needed work on the septic tank lines and the workers struck a propane gas line, igniting an explosion. Mr. Veldesma filed suit against the workers in the propane company which failed to adequately protect the lines and to respond to complaints from resort workers of the smell of gas.
Amos v. Pelgas-Iowa (2012)
Settlement: Worker’s compensation lien for past and future medical and disability benefits approached $2 million and available insurance coverage from the insurance company for Pelgas was approximately $4 million.
Fact: Mr. Amos and 3 other individuals were badly burned in a propane fire. Mr. Amos and another individual were filling propane in a small cylinder from 1000-pound tank at a “filling site.” When filling, the hose ruptured and allowed sufficient propane to escape, the victims were engulfed. The propane ignited, creating a fireball with the victims in it. Beattie Law Firm conducted an investigation into the filling station and found major violations which directly caused the propane gas leak and fire.
- Among the numerous violations were: No emergency shut off switch in violation of NFPA 58 6.22.3.11.
- Violation of NFPA 58 10.2.2, lack of ventilation and a violation of NFPA 58 20.6.3 for lack of proper flex connectors.
- Violation of NFPA 58 .2 2.3.5 for lack of in excess-flow check valve or differential back pressure valve.
- Violation of NFPA 58 .7 .7 .1 for failure to ensure the container is equipped with an actuated liquid withdrawal excess-flow valve.
Mr. Amos suffered extensive burns and scarring over major portions of his body.
Anderson v. Gas Co. et al. (2012)
Settlement: A settlement was reached with the various parties in the amount of $3 million.
Fact: A father and daughter were severely burned in Minnesota in the propane gas explosion that occurred in a resort cabin. An exterior propane gas line corroded in leaked gas into the building. Beattie Law Firm established that the retailer was negligent in failing to warn about the dangers of propane and to discover and change the leaking propane gas line.
Gentry vs Southern et. al. (2012)
Settlement: A settlement of approximately $3 million was reached.
Fact: Two gentlemen were badly burned in a propane gas explosion caused by leaking propane gas. The propane retailer failed to adequately inspect and maintain the gas lines and failed to warn about the dangers of propane gas.
Firgard vs New Century FS, Inc., et al. (Iowa December. 2011)
Trial: After deliberations, the jury returned a verdict in the amount of $1,750,000.
Facts: A propane explosion occurred at the home of the Firgards, resulting in 33% body surface catastrophic burn injuries to our client. The case against the retailer was brought based on negligent failure to warn concerning the dangers of odorized propane.
Campfield vs Gottula Propane Service, Inc., et al. (Nebraska 2010)
Settlement: Beattie Law Firm obtained a substantial settlement for the client prior to trial.
Facts: A propane explosion occurred at the home of our client, resulting in rendering our client disabled and completely unemployable as a result of his injuries. In the explosion, he suffered severe burns, full and partial thickness to the head, face and upper body – covering 35-45% of his total body surface area. The case was based on the negligent failure to warn concerning the dangers of propane.
Hart vs. Gas Co. (2010)
Settlement: This case settled for a substantial confidential amount.
Fact: Leaking propane gas exploded near Ottumwa, injuring a young boy and his grandfather. The propane gas retailer failed to adequately inspect and test its client’s gas system when it knew or should have known of the need to do so. This failure directly led to the gas leak.
Williams vs. Gas Co. (2008)
Settlement: After a week trial in Iowa, the insurance company for the propane retailer paid a very substantial settlement to the boy.
Fact: A 14-year-old boy was seriously burned in a propane explosion. The retailer failed to adequately warn about the dangers of propane gas and the need to utilize gas detectors.
Client v. Gappa Oil, et. al. (Minnesota 2008)
Settlement: A $1,000,000.00 settlement was reached against an electrical company that contributed to the cause of the explosion. Suit is pending against others involved in the explosion.
Facts: A Minnesota resident received substantial burn injuries in a propane gas explosion at her house. An uncapped line leaked propane gas into the home. The home did not have propane gas detectors to warn the homeowner of the fugitive gas. The case is still pending in Minnesota against other liable parties upon theories of negligent failure to adequately warn, negligent testing, negligent inspection, and gas detectors.
Client v. Propane Retailer, et. al. (Florida 2008)
Settlement: $800,000 reached prior to the start of trial.
Facts: A married couple returned to their winter home in Florida. A propane leak resulted in an explosion, killing the couple. The case against the propane retailer and appliance manufacturers was based on a negligent failure to warn, including the need to have gas detectors installed inside our clients’ homes, and negligent testing and inspection.
Pavlovec v. Propane Retailer, et. al. (Iowa 2008)
Settlement: Settlement was reached on behalf of Mr. Pavlovec.
Facts: Mr. Pavlovec received substantial burns following a propane explosion. There were substantial liability issues because of Mr. Pavlovec’s admission of smelling gas before lighting an appliance.
Myers v. Propane Retailer, et. al. (Iowa 2008)
Settlement: $1,500,000+ were reached against liable parties.
Facts: Mr. Myers was severely burned in a propane gas explosion. The case was based on a negligent failure to warn, including the need for gas detectors, and negligent failure to inspect the gas system. A defective gas valve in an appliance leaked gas. Since the appliance was in a basement, the warning odor dissipated, rendering the gas unauthorized. Beattie Law Firm was successful in reinstating our client’s claim against an appliance manufacturer in an appeal to the Iowa Court of Appeals following dismissal by the Iowa District Court.
Graham v. Propane Retailer, et. al. (Iowa 2008)
Settlement: Substantial confidential settlements were reached against liable parties.
Facts: Mr. Graham sustained burns in a propane gas explosion. The case was brought against the propane retailer, appliance manufacturers, and appliance retailer. The case was based on a negligent failure to warn, including the need for gas detectors. Liability was also predicated on the fact that the propane and propane industry advertise that consumers can purchase and safely install their own propane appliances.
Svacina v. Propane Retailer (Iowa 2008)
Settlement: Settlement was reached prior to filing a lawsuit for approximately $150,000 on behalf of the Svacinas.
Facts: Mr. Svacina suffered burns in a propane gas explosion due to inadequate odorization. The customer propane tank was inadequately prepared for usage which resulted in oxidation.
Blasel v. Propane Retailer, et. al. (Wisconsin 2007)
Settlement: $1,000,000.00
Facts: Mr. Blasel suffered burns in a propane gas explosion. A brass fitting corroded, and propane gas leaked into the home. Soil is known to scrub or take out the odorant, and the leaked gas contained no warning agent. The claim was resolved prior to filing a lawsuit.
Client v. Propane Retailer (Iowa 2006)
Settlement: Beattie Law Firm obtained a confidential six-figure settlement for the client.
Facts: Our client was killed in a propane explosion in Harrison County. The case was based on negligent failure to warn, including the failure to warn about gas detectors.
Vega v. Propane Retailer, et. al. (Mississippi 2006)
Settlement: The case was settled resulting in a $6,000,000+ settlement.
Facts: Three young children were badly burned when a cat with a litter somehow caused a fuel shutoff valve to open. This was improperly placed in a wall and when it was opened, it allowed gas to leak into the home. The children came home from school and the oldest started to cook an afternoon snack. When she lit the stove, the leaked gas exploded. The case was defended by the retailer on the basis that it was not a propane gas explosion.
Goehring v. Flying J, et. al. (Idaho Federal Court 2005 Trial)
Settlement: Beattie Law Firm obtained confidential settlements on behalf of its client.
Facts: Client purchased a 100-pound propane cylinder to provide heat to his house following a storm that knocked the power out to his residence. He took the cylinder home, placed it on the floor, and left for two hours. When he returned, he smelled gas and attempted to carry the cylinder out of the house. When he picked up the cylinder, the home exploded.
Booker v. Propane Retailer, et. al. (Michigan 2005 Arbitration)
Arbitration: The case was tried in state-ordered binding arbitration resulting in a $1,500,000 arbitration award.
Facts: Mr. Booker sustained serious burns in a propane gas explosion caused by leaking propane gas. The case was based on negligent failure to warn, including the failure to warn about gas detectors. The case was defended by the retailer by blaming the client for the leak.
Swanton v. Defendants (Kansas 2005)
Settlement: Beattie Law Firm obtained a substantial confidential settlement for the children. The settlement amount, however, was limited due to Kansas caps on lawsuits.
Facts: Three children received serious burns in a propane gas explosion in Kansas. The case was based on negligent failure to warn, negligent testing of the property, and negligent inspection of the property.
Krueger v. Propane Retailer, et. al. (Minnesota 2005)
Settlement: Beattie Law Firm obtained a $1,800,000 settlement for Mr. Krueger.
Facts: Mr. Krueger received serious burns in a propane gas explosion in Minnesota. The case was based on negligent failure to warn, including the need for gas detectors and negligent inspections of the propane gas system.
Freeland v. Ferrellgas (Michigan 2003 Arbitration)
Arbitration: The case was tried in state-ordered binding arbitration resulting in a $8,300,000 arbitration award.
Facts: A retired couple was burned in a propane gas explosion in Michigan. The husband died as a result of the burns received in the explosion. The wife survived, but she sustained critical burns. The case was based on negligent failure to warn about the defects of odorized propane as well as the retailer’s failure to respond to numerous calls by the Freelands regarding gas leaks.
Countryman, et. al. v. Iowa Double Circle, et. al. (Iowa 2002 Trial)
Settlement: Settlement was reached against the propane retailer for the policy limits of $5,000,000 and with the homeowner for $1,300,000. The wholesalers and pipeline settled for a significant confidential amount prior to the start of trial. Trial began against Lennox, the appliance manufacturer, before the case was settled for a substantial confidential amount during voir dire. The press reported total settlements of approximately $17,000,000. In addition, the District Court dismissed during the case a wholesaler based upon the limited liability statute. This was appealed to the Iowa Supreme Court which resulted in a reversal finding that a managing partner to a limited liability corporation can be personally liable.
Facts: Seven people were killed, and many others were seriously injured during a family gathering in Richland, Iowa. The home that was the gathering place for the family and friends exploded due to the accumulation of propane gas. The case was based on the negligent failure to warn concerning the dangers of propane and the reasonable measures to take to ameliorate those dangers.
Olache v. Retailer, et. al. (Iowa 2001)
Settlement: Beattie Law Firm obtained a settlement of $800,000 plus on behalf of its client with main defendants before trial.
Facts: Client was burned when he awoke in a camper and tried to light a cigar. A defective gas valve leaked gas into the camper. The warning odor in propane gas will not warn a person who has just awakened.
Bach v. Sapp Bros, et. al. (Iowa 2001 Trial)
Settlement: Beattie Law Firm obtained a confidential settlement on behalf of its client with main defendants before trial.
Facts: Client purchased a 100-pound propane cylinder to provide heat to his house he was building. The cylinder leaked in the unfinished basement.
Client v. Propane Retailer, et. al. (North Dakota 2001)
Settlement: Beattie Law Firm obtained a confidential settlement on behalf of its client.
Facts: Client purchased a 100-pound propane cylinder to provide heat to his house following a storm that knocked the power out to his residence. He took the cylinder home, placed it on the floor and left for two hours. When he returned, he smelled gas and attempted to carry the cylinder out of the house. When he picked up the cylinder, the home exploded.
Wickenkamp v. Gas Company (2000)
Settlement: After a week’s trial in Polk County District Court, a substantial confidential settlement was reached.
Fact: A gas explosion occurred near Oskaloosa when the father of a minor boy was attempting to transfer propane from a larger cylinder to a smaller cylinder. Suit was filed based upon failure of the propane gas retailer to adequately warn regarding the dangers of transferring propane from one cylinder to another.
Nehrig v. Thermogas et al. (Iowa 2000)
Settlement: Beattie Law Firm obtained confidential settlements on behalf of their clients.
Facts: Two volunteer fire fighters were killed and seven other people were injured when a blazing 18,000 gallon propane tank exploded in Albert City, Iowa. The propane tank lacked adequate collision protection, and the entire propane system design was flawed.
Robbins v. Ferrellgas (Iowa 1999)
Settlement: Total settlement for Mr. Robbins was in excess of $800,000.
Facts: Mr. Robbins was a construction worker who suffered burns to his hands in a propane gas explosion. The case was based on the negligent failure to warn concerning the dangers of propane and the reasonable measure to take to ameliorate those dangers. In addition, the leaked gas was in a concrete pit. The concrete walls of the pit scrubbed the warning odor out of the gas.
Lawson v. Coop, et. al. (Minn 1998)
Settlement: Beattie Law Firm obtained a significant confidential settlement for Mr. Lawson.
Facts: Mrs. Lawson was killed in her sleep from a propane gas explosion. The case against the retailer was brought based on negligent failure to warn concerning the dangers of odorized propane. The warning odor will not warn a sleeping person.
Snell v. Pellet (Iowa 1998)
Settlement: Beattie Law Firm obtained $400,000 for Mr. Snell.
Facts: Snell was burned in a propane gas explosion. Unfortunately for Mr. Snell, he was diagnosed with cancer shortly after the explosion. Therefore, there was little by way of damages.
Mahr v. Coop, et. al. (Minn 1997)
Settlement: Beattie Law Firm obtained a significant confidential settlement for Mr. Mahr.
Facts: Mr. Mahr was critically burned in a propane gas explosion in a winter cabin in Wisconsin. The case against the retailer was brought based on negligent failure to warn concerning the dangers of odorized propane.
Amberson v. Red Lake Coop, et. al. (Minnesota 1997)
Settlement: Settlement was reached for approximately $600,000.
Facts: Mr and Mrs. Amberson, both Native Americans, received burns in a propane gas explosion in Minnesota. The case was brought against based on negligent failure to warn concerning the dangers of odorized propane. There were no lost wages, and there was little by wage of medical treatment. There were also significant issues of comparative fault.
Stansbeary v. Allied, et. al. (Iowa 1997 Trial)
Verdict: The case was tried to a Monroe County jury. The jury awarded Mr. Stansbeary $940,000+ for the clients of Beattie Law Firm.
Facts: Mr. Stansbeary was critically burned in a propane gas explosion near Albia, Iowa. The case against the retailer was brought in Polk County, Iowa based on negligent failure to warn concerning the dangers of odorized propane.
Gustin v. Retailer (Iowa 1997)
Settlement: For a substantial confidential amount.
Facts: Mr. Gustin was critically burned in a propane gas fire at the Iowa State Fairgrounds. He was using a propane torch when the torch broke and set him on fire. The case was based on negligent failure to warn concerning the dangers of odorized propane and defective maintenance.
Jarnigan v. Central Iowa FS, et. al. (Iowa 1996)
Settlement: The total settlement exceeded $800,000.
Facts: Mr. Jarnigan, a Native American, received moderate burn damages as the result of a propane gas explosion. The case was based on a negligent failure to warn concerning the dangers of odorized propane. Mr. Jarnigan had no lost wages, and there were serious issues of comparative fault.
Chacon v. Cortez (1995)
Settlement: this case settled for a substantial confidential settlement.
Fact: Near Carlsbad Caverns in New Mexico, a corroded propane gas line leaked propane gas into the Chacon home and exploded, killing plaintiff’s decedent. Beattie Law Firm instituted action against the propane retailer for failing to discover the leaking propane gas line and to repair it, as well as failing to warn concerning the dangers of propane.
Sneller v. Thermogas (Iowa 1995 Trial)
Settlement: The jury awarded the two men in excess of $950,000.
Facts: Two plumbers were burned in a propane gas explosion in Jasper County. The case was based on negligent failure to warn concerning the dangers of odorized propane.
Tuttle v. Beaman Corp. (Iowa 1995)
Settlement: Beattie Law Firm obtained settlement in excess of $1,500,000.
Facts: Two men received moderate burns in a propane explosion in Iowa. The case was based on negligent failure to warn concerning the dangers of odorized propane.
Fahrbach v. Petrolane (New Mexico 1994 Trial)
Settlement: The case against Heritage settled for $900,000.
Facts: A propane explosion in Taos, New Mexico resulted in severe burn injuries. The case was based on negligent failure to warn concerning the dangers of odorized propane.
Winiger v. Phillips Petroleum (Michigan 1993 Trial)
Settlement: Settlement was reached in a substantial confidential amount for the clients of Beattie Law Firm.
Facts: A propane explosion in Michigan resulted in burn injuries. The case was based on negligent failure to warn concerning the dangers of odorized propane.
Walter v. Phillips Petroleum (Colorado Federal Court 1992 Trial)
Verdict: A Colorado Federal Court jury returned a verdict in favor of the clients of Beattie Law Firm in the amount of $6,200,000.
Facts: Two minor children received serious burn injuries in a propane explosion in Colorado. The case was based on the negligent failure to warn about the defects of odorized propane.
Timmens v. Kaneb Pipeline (Nebraska 1991 Trial)
Verdict: A Nebraska jury awarded a then-record $1,600,000 verdict to Mr. Timmens.
Facts: Mr. Timmens received severe burns as a result of a propane gas explosion in Nebraska. The case was based on the negligent failure to warn about the defects of odorized propane.
DeJong, et. al. v. Phillips Petroleum, et. al. (Iowa 1990 Trial)
Verdict: The two men settled against all defendants except for Rheem Manufacturing. A Marion County jury verdict in the amount of $4,100,000+ was awarded. This groundbreaking verdict is believed to be the first time that a jury in the United States found against a propane appliance manufacturer for negligent failure to warn about the dangers of propane.
Facts: Two men were critically burned in a propane explosion in Marion County. The lawsuit was brought against the propane retailer Phillips Petroleum and the propane appliance manufacturers based upon negligent failure to warn about the dangers of propane gas.
Myers v. I.T.T. General Controls (Iowa Federal Court 1989 Trial)
Verdict: The jury awarded in excess of $600,000 for the minor child.
Facts: A minor child was burned on the left side of his torso in a propane explosion. The lawsuit was brought against a defectively designed and leaking gas valve. The jury was presented with no medical damages because the minor victim received free medical care.
