Facts

On July 3, 2015, plaintiff Michael Sysak went to Western Propane Services Inc. to fill the propane canisters for his barbecue. Sysak presented the canisters to an employee of Western Propane Services. During the filling process, propane was accidentally released in the area where Sysak was standing. The propane ignited, resulting in a flash fire that caused injuries to Sysak.

PLAINTIFF'S CONTENTIONS:
Sysak alleged that Western Propane Services negligently caused the fire. As a result of the fire, plaintiff suffered physical injury, lost wages, emotional distress, pain and suffering, and psychological injury.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability for negligently causing the flash fire. Consequently, defendant paid Sysak's past medical expenses before trial and agreed to pay his past lost wages as part of the verdict. Defendant also agreed to pay reasonable compensation for Sysak's pain and suffering and for his future medical expenses.

Defendant disputed the approximately $1.5 million life care plan that plaintiffs presented before trial through their expert, Jan Roughan. Following a series of successful motions in limine, defendant was able to exclude almost $1.2 million worth of the items in Roughan's life care plan at trial.

Settlement Discussions

Plaintiffs made a policy limits demand of $5 million. Defendant made CCP 998 offers of $1.1 million to Michael Sysak and $50,000 to Claudia Sysak.

Damages

Plaintiff's wife, Claudia Sysak, brought a claim for loss of consortium. During closing argument, according to defense, plaintiffs asked for over $7.2 million in damages for their injuries.

Injuries

Sysak sustained burns to his face, neck, arms, lower legs, and forearms. Plaintiff suffered from both first and second-degree burns to his left forearm and third degree burns to his calf area. He underwent a skin grafting operation.

Result

Plaintiffs' verdict for $3,087,843, which included $1.5 million in past non-economic loss, $1 million in future non-economic loss, $407,828 in past medical, $42,015 in past wage loss, $75,000 in future medical expenses, and $63,000 future wage loss. Claudia Sysak received a verdict in the amount of $25,000 for her loss of consortium claim. Defendant received an offset of $407,828 to the award for paying Michael Sysak's past medical expenses before trial.

Other Information

Defendant waived appeal in exchange for waiver of costs. FILING DATE: Aug. 24, 2015.