Facts

On May 22, 2017 Raul Retamoza employed M-K-S Dobson to service his propane tank at his home residence. M-K-S Dobson's technician serviced the tank, but did not re-light the pilot light. Gas had leaked out. Retamoza lit the pilot himself. An explosion ensued.

PLAINTIFF'S CONTENTIONS: Plaintiff contended his injuries were the result of the technician's negligence; the defendant corporation was vicariously liable for the plaintiff's injuries. The plaintiff contended that it was both industry practice and company policy to bleed the line prior to re-lighting pilot lights. The defendant failed to run a pressure test to determine if there was a leak and whether it was safe to restore service. Further, plaintiff contended that the defendant failed to re-light the pilot for the plaintiff.

DEFENDANT'S CONTENTIONS: Defendant contended that after the propane delivery driver filled the propane tank, plaintiff refused to allow the driver entry into his home to relight the pilot lights. Defendant contended that instead, plaintiff offered to relight his own pilot lights. Defendant contended that plaintiff claimed to be proficient in residential home improvement projects, and testified that he had personally lit pilot lights on his appliances numerous times in the 27 years he lived in the home prior to the incident. Defendant contended that plaintiff caused the thermal blast when he admittedly disconnected the propane line in an enclosed room, before attempting to light the pilot light using an ignition switch that he had installed and improperly grounded. In addition, defendants contended the explosion was not caused by a leak in the system that would have been detected by a pressure test.

Insurer

Great American Insurance Group for M-K-S Dodson Inc. and Raul Lizarraga

Damages

Plaintiff claimed $180,000 in property damage.

Injuries

Plaintiff suffered burns to his hands, face, and shoulders. He was unable to perform basic functions with his hands for ten months. His hands are permanently scarred. Their range of motion is limited.

Result

The parties settled. M-K-S Dobson, Inc. agreed to pay Raul and Ana Retamoza $950,000.