Confidential
Published: Jul. 6, 2000 | Result Date: Jan. 18, 2000 |Case number: DUM0001918 Arbitration – $23,500
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Paul S. White
(Wilson Elser Moskowitz Edelman & Dicker LLP)
Facts
On Nov. 12, 1998, both claimants were employees of a cafT. An employee of the respondent propane tank
company was filling the cafTÆs propane tank when the tank began to leak. The propane gas escaped and
worked its way to a hot water heater where it eventually ignited into a flash fire. The claimants both received
first degree burns and permanent scarring to their faces.
They sued the propane company under a theory of third party liability.
Settlement Discussions
The defendant made a C.C.P. Section 998 offer of $2,600 to plaintiff 2.
Specials in Evidence
$8,000 (plaintiff 1); $700 (plaintiff 2) $130 (plaintiff 1)
Damages
Both patients suffered first degree burns and scarring to their faces.
Other Information
An arbitration was held before independent arbitrator Allen Cutler, who made the reported awards. Currently, the workers compensation board is suing respondent propane company for the cost of the worker compensation benefits paid to the claimants, scheduled for hearing on July 3, 2000. The respondent will demur on the basis that the statute of limitations bars recovery by the board.
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