This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Workers' Compensation
Explosion

Confidential

Published: Jul. 6, 2000 | Result Date: Jan. 18, 2000 |

Case number: DUM0001918 Arbitration –  $23,500

Court

L.A. Superior Central


Attorneys

Plaintiff

Steven A. Friedman


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.


#126730

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390