Ronnie Bush and Katie O'Brien v. Pacific LPG Corp. dba Pacific Propane; Ron Gertz, individually and dba Local Projects; Milwaukee Valve Company Inc.; A&R Plumbing Inc.; Omegaflex Inc.; Gary Tarnowski; Roseane Tarnowski; Tarnowski Enterprises, LLC; Roar Investment Group, LLC; Ward Manufacturing, LLC; Haycock Construction Inc. dba Alternative Energy;
Published: Aug. 22, 2015 | Result Date: May 15, 2015 | Filing Date: Jan. 1, 1900 |Case number: M111747 Verdict – Defense
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
Andrew M. Lauderdale
(Kreeft, Pedersen & Lauderdale)
James R. Picker
(Philip M. Andersen & Associates)
Experts
Plaintiff
Clyde Ikeda
(medical)
Kevin Cheng
(medical)
Frank K. Hsu
(technical)
Yvonne L. Karanas
(medical)
Michael Ginn
(technical)
Mark A. Price
(medical)
Defendant
Rudolph Buntic
(medical)
Bernard R. Cuzzillo
(technical)
Robert S. Griswold CPM
(technical)
DeVinder S. Grewal Ph.D.
(technical)
John Shepherd
(technical)
Lisa K. Fulton
(technical)
Facts
Plaintiffs Ronnie Bush and Katie O'Brien sued Pacific LPG Corp. dba Pacific Propane, Ron Gertz, individually and dba Local Projects, Milwaukee Valve Co. Inc., A&R Plumbing Inc., Omegaflex Inc., Gary Tarnowski, Roseane Tarnowski, Tarnowski Enterprises LLC, Roar Investment Group LLC, Ward Manufacturing LLC, Haycock Construction Inc. dba Alternative Energy, and A.G. Davi Property Management LLC, in connection to an alleged propane gas leak that caused them injury.
Contentions
PLAINTIFFS' CONTENTIONS:
On May 20, 2010, plaintiffs returned after dinner to the house they were staying at in Monterey. Bush contended he went to check on the hot tub and when he found it was not on, he went downstairs. While he was down there, an explosion occurred due to a propane gas leak. Bush was injured on his hands and O'Brien on her face and foot. Bush and O'Brien sued multiple parties they believed had a responsibility relating to the leak and subsequent explosion, including the company that supplied propane to the house and provided a safety check, installers, various manufacturers, the prior and current property owners, and the vacation rental company.
Bush and O'Brien brought claims for negligent repair and/or maintenance, contending that defendants failed to discover and repair the propane leak, which they claimed, existed since the summer of 2009.
DEFENDANTS' CONTENTIONS:
Pacific LPG, A&R Plumbing and A.G. Davi contested that there was a leak at the time of their service, and argued that the alleged leak was due to corrosion that occurred post-accident.
Settlement Discussions
Plaintiffs made a demand for $2,000,000 to Pacific LPG, A&R Plumbing and A.G. Davi. A.G. Davi made a CCP Section 998 offer of $50,000. Pacific LPG and A&R Plumbing agreed to a waiver of costs.
Damages
Plaintiffs asked the jury for $5 million in damages.
Injuries
Bush claimed third-degree burns on the outside portion of both hands, requiring full-thickness skin grafts. He claimed continued pain and decreased range-of-motion. O'Brien claimed she suffered cuts to her face and foot.
Result
The jury returned a defense verdict, finding Pacific LPG, A&R Plumbing and A.G. Davi were not negligent. The other defendants settled or were successful on summary judgment.
Deliberation
two days
Poll
12-0
Length
four weeks
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