Watts v. Ferrellgas
Published: Jun. 1, 2005 | Result Date: Dec. 3, 2004 | Filing Date: Jan. 1, 1900 |Case number: MC013970 Verdict – $1,406,240
Judge
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Defendant
Paul S. White
(Wilson Elser Moskowitz Edelman & Dicker LLP)
Experts
Plaintiff
Kathleen Yamaguchi
(medical)
Arnold Barron
(medical)
Defendant
William Mahre
(technical)
William Stivelman
(medical)
Facts
Six weeks after plaintiff Watts bought a residential propane tank from defendant Ferrellgas, he noticed a hissing sound coming from the tank. The tank had not yet been used. Watts did not hear nor smell propane leaking. He cocked his head over the propane tank to listen for a leak. At that time, the pressure valve discharged highly pressurized propane into his eye. Watts moved for summary adjudication, claiming the valve was defective. He also alleged that Ferrellgas was liable for failure to warn and punitive damages on the ground that Ferrellgas does not specifically warn customers not to look directly into pressure relief valves. The court granted summary adjudication based on an admission by Ferrellgas that the valve should not have discharged at the level it was at. The court also found that Watts was not comparatively at fault. The defendant contended that industry standard does not require it to warn customers, the reason being that propane companies do not want customers going near propane tanks. Customers are, however, shown how to read the gauge and turn off the shut-off valve on the propane tank.
Settlement Discussions
At a court-ordered mediation, the plaintiff demanded $675,000. The defendants offered $40,000; $20,000 each by Ferrellgas and the valve manufacturer.
Injuries
The plaintiff claimed he suffered lacerations to his eye membrane on both sides of his iris and upper eyelid extending through the tear duct. Surgery was performed. There was also permanent damage to nerves that control the pupil which caused his pupil to dilate. He suffers from resulting light sensitivity. He also suffered a traumatic cataract that required a second surgery. The plaintiff claims that he can no longer read small print.
Result
$1,406,244
Other Information
Trial of Ferrellgas' cross-action against the value manufacturer is stayed pending the outcome of Ferrellgas' appeal.
Length
five days
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