Facts

The incident occurred on Sept. 6, 2004, in Sylmar. Plaintiff David Khoperia claimed he was driving a 1991 Chrysler LeBaron when it lost power and stalled. After he allowed the car to roll back into the intersection, he got out and pushed the car to the side of the road. Khoperia claimed he then opened the hood and a flash fire started when his ex-wife tried to start the engine, although he admitted he did not smell, see, hear, feel or sense anything, such as heat, smoke, gasoline, liquid or fire before opening the car's hood.

The plaintiff claimed the fire was caused by a loose or rusty fuel supply line hose clamp that caused the fuel supply hose to separate and spew fuel.

The defendant's inspection of the vehicle established that the fuel line clamp was still firmly in place on the fuel supply hose. An X-ray of the clamp and hose demonstrated the clamp was still exerting a clamping force on the hose. The inspection of the engine compartment indicated there was evidence of damage from a small fire, which was approximately 6 to 8 inches in diameter.

DaimlerChrysler Corporation established that the clamp was not defective; that although it had produced and sold over a million cars with the same clamps and fuel hose design, this case was the only claim wherein it was alleged that the clamp was defective and caused a fire; and that the only explanation for the separation was that plaintiff had forcibly pulled the fuel hose off while trying to determine what caused the car to stall. Thereafter, when his ex-wife attempted to start the car, gas was pumped through the hose, out of the engine compartment and onto plaintiff. The corona from starter motor was the most likely source of ignition.

PLAINTIFF'S CONTENTIONS:
The plaintiff denied he worked on the car, had any mechanical knowledge or that he touched anything under the hood before the fire started. The plaintiff contended that the AWAB fuel hose clamp was defective in design because it was made of galvanized steel instead of stainless steel, which allowed it to rust. The plaintiff also claimed the clamp was loose at the time of the accident and it was defective in design because it was foreseeable that a mechanic would not properly tighten the clamp after performing repairs. The plaintiff contended that a "quick connect" fitting should have been used instead of an AWAB clamp.

DEFENDANTS' CONTENTIONS:
The defendant contended that the AWAB clamps were used in over one million cars with an identical design to the subject vehicle without any claim or evidence of failure or fire. The clamp was corroded because of the high heat of the fire, which removed the zinc/galvanized coating, and the corrosive residue of the dry chemical fire extinguisher used to extinguish the fire. The rust was not present before the fire and, therefore, was not the cause of it. The physical evidence established the AWAB clamp was properly tightened at the time the car left DaimlerChrysler's control and the fire. The X-ray of the clamp, the damage to the inside of the fuel hose and the fire damage pattern established that the hose was forcibly pulled off before plaintiff's ex-wife attempted to start the engine, which ignited the gasoline that dripped from the fuel hose. When she tried to start the engine, gas was pumped through the disconnected fuel hose, out of the engine compartment and onto plaintiff.

Settlement Discussions

Two conferences at ADR with Judge Schoettler. Demand: $7.5 million; offer: $100,000.

Injuries

The plaintiff sustained third degree burns on approximately 40 percent of his body, primarily on his neck, ears, upper chest, arms and back. The plaintiff suffered emotional distress and psychological injury.

Result

The jury found 9-3 on the product liability count, finding the use/misuse of the vehicle was not foreseeable. The jury found 12-0 on negligent design.

Other Information

Settlement judge was the Hon. R. William Schoettler (ret.).

Deliberation

3.5 hours

Poll

12-0 (negligent design), 9-3 (product liability, defective design)

Length

13 days