Facts

On the weekend of June 15, 2008, plaintiff John Meyer, a 45-year-old parking director, was an invited guest at the mobile home of defendant Everett Babcock. Plaintiff decided to barbecue hot dogs and hamburgers for his family, including his wife, Tracey, 42, three sons, and his brother, who were also staying at the mobile home.

Plaintiff proceeded to turn on the valve to the propane tank and light the barbecue, and then shut the lid. He noticed that the flames on the burners were unusually low and did not appear to be putting out any appreciable heat. Plaintiff opened the door to the cabinet under the grill of the barbecue and reached into the propane tank compartment to check to see if the tank was empty. As he grasped the collar of the tank, but before he was able to lift the tank to test its weight, a ball of fire shot out from the compartment. Plaintiff was immediately smothered by his brother who forced plaintiff to the ground to put out the fire on plaintiff's body and clothing. Plaintiff was airlifted to Maricopa Medical Center where he was treated for second-degree burns over 7 percent of his body.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that defendant was liable based on principles of premises liability as defendant failed to maintain the mobile home in a reasonably safe condition by failing to ensure that the barbecue's propane tank was properly connected and that the faulty barbecue constituted an unsafe, concealed condition about which defendant knew or should have known about had he conducted inspections of his property and the barbecue.

Plaintiffs further contended that defendant was liable under theories of product liability, based on defendant's faulty installation and assembly of the barbecue and defendant's supplying plaintiff with the faulty barbecue.

DEFENDANT'S CONTENTIONS:
Defendant contended that the premises were safe and that the barbecue was correctly assembled. Defendant asserted that the barbecue had been used on countless occasions without incident and that the incident was caused by plaintiff's own negligence in attempting to disconnect the propane tank while the grill was still lit.

Specials in Evidence

$78,154 $4,000 none none

Damages

Tracey Meyer claimed loss of consortium.

Injuries

Plaintiff suffered second-degree burns on forearms and right leg.

Result

The case settled for $100,000 (policy limits).

Other Information

INSURER: Foremost Insurance Group.