Pengxuan Diao v. Southern California Gas Co., Joanna Cheung, Yongsheng Li, Richard Liu, Sempra Energy,
Published: Jan. 17, 2015 | Result Date: Jun. 25, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC481312 Verdict – $19,800,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Kevin R. Boyle
(Boyle Law)
Robert S. Glassman
(Panish Shea Ravipudi LLP)
Rahul Ravipudi
(Panish | Shea | Ravipudi LLP)
Defendant
Kara A. Pape
(Tyson & Mendes, LLP)
John H. Horwitz
(Schaffer Lax McNaughton & Chen)
Facts
Pengxuan Diao, 23, filed suit against Southern California Gas Co., in connection to a gas fire.
Both Diao and Southern California Gas also sued defendants Joanna Cheung and Richard Liu, the owners of the rental property, where plaintiff resided. Defendant SoCal Gas is a natural gas company operating in California.
Contentions
PLAINTIFF'S CONTENTIONS:
Diao, a college student and restaurant manager, contended that on Jan. 19, 2011, he was asleep in his home, a converted garage connected to a rental property, in San Gabriel. At approximately 2 p.m., a SoCal Gas employee arrived at the property to service the gas system. While there, the employee opened a gas valve that activated a gas line running to the garage, releasing a large amount of natural gas into the garage. Approximately two hours later, Diao woke up and attempted to light a cigarette, causing an explosion.
Diao claimed the employee left the property without making sure the premises was leak free, in violation of SoCalGas policy. Plaintiff argued the garage filled up with so much gas that even the flipping of a light switch would cause an explosion.
Diao sued Southern California Gas Company, alleging vicarious liability of its employee's negligent actions.
DEFENDANT'S CONTENTIONS:
SoCal Gas admitted liability for the fire, but contested the extent of Diao's damages. SoCal Gas contended that some time after the SoCal Gas employee inadvertently activated an illegally uncapped gas line running to the illegally converted garage where Diao was living, Diao attempted to light a cigarette, and the gas caught fire.
SoCal Gas also filed a cross-complaint against property owners Cheung and Liu, alleging that they were also partially liable, as they were responsible for the illegally uncapped gas line and the illegally converted garage.
Cheung and Liu argued that the actions of SoCal Gas and its employee were so egregious that even if they were negligent, the employee's actions were the superseding and intervening cause of the explosion. As such, Cheung and Liu argued that any liability they held as property owners should be extinguished.
Cheung and Liu further filed a cross-claim against Yongsheng Li, who rented the main property from them and sub-rented the garage to plaintiff. Li defaulted at trial.
Injuries
Plaintiff caught on fire and sustained second and third degree burns to over 20 percent of his body, as well as anoxia from the exposure to gas.
Result
A jury awarded Diao $19.8 million, finding that Southern California Gas was 90 percent responsible, and the property owners Cheung and Liu were 10 percent responsible. Plaintiff's award included $129,718 in past medical costs, $2,000,000 in future medical costs, $57,000 in past lost earnings, $600,100 in future lost earnings, $8,500,000 in past pain and suffering, and $8,500,000 in future pain and suffering.
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