Facts

In July 2006, Jim Doe took two 100-pound propane cylinders to defendant Durnall and Campora Propane Inc. to be filled. He leased the cylinders from Durnall on an annual basis. The cylinders, which were manufactured by defendant Manchester Tank & Equipment Co., were not equipped with overfill protection devices (OPDs). OPDs, which are required on tanks holding 4 to 40 pounds of propane, prevent accidental overfilling of propane cylinders. A cylinder is overfilled when it contains more than 80 percent liquid by volume. The 20 percent vapor space is necessary because it provides room for the gas to expand if the cylinder is exposed to temperatures warmer than the initial filling temperature.

The potential hazard related to overfilled cylinders is well documented and understood in the propane industry. A major hazard is the possibility of an overfilled cylinder becoming liquid full due to the expansion of the liquid as its temperature rises. And if a propane cylinder is laying horizontal and the pressure relief valve opens, liquid propane gas will escape. Propane expands 270 times when it reaches the atmosphere, creating the potential for a catastrophic propane accident.

Further, propane cylinders are manufactured with an expiration date, and cannot be refilled, continued in service, or transported unless requalified for use. A new cylinder can be used for 12 years from the date of manufacture. Thereafter, it must be requalified for use for safety reasons. After 12 years, cylinders typically undergo a rigorous visual examination and then are stamped and requalified for 5 years use. This process continues as long as cylinder valves and cylinders are in good repair and serviceable.

In this case, "Cylinder 1" was manufactured in November 1987, and requalified in December 1999. Accordingly, it was illegal for Durnall to refill "Cylinder 1" anytime after December 2004, as it was not qualified for service. "Cylinder 2" was manufactured in November 1992. It should not have been filled or placed in service without requalification after November 2004.

An employee of Durnall filled the tanks. He claimed to have filled both cylinders with 46 gallons of propane. He did not recall exactly how much propane he put into each cylinder as he did not reset the meter after filling the first cylinder. Instead, he cumulatively added the two undetermined amounts together to arrive at exactly 46 gallons. The maximum legal fill for a 100-pound cylinder is about 23 gallons. Thus, both cylinders would have needed to be completely empty, and the Durnall employee would have needed to put exactly 23 gallons in each cylinder, to have avoided overfilling the cylinders.

The Durnall employee allowed Jim Doe to lay the filled cylinders horizontal in the bed of his truck for transport. It is dangerous and illegal to transport propane cylinders in this fashion, although the evidence showed Jim Doe had a custom and practice of transporting propane cylinders horizontally for 20 years.

After the cylinders were filled with propane, Jim Doe drove home and parked his pickup truck in the driveway. A couple of hours later, he heard a hissing noise coming from near his truck and he went to investigate. A neighbor also heard the hissing sound and went to investigate. The neighbor saw a large cloud of propane vapor venting into the air from the back of Jim Doe's truck. Jim Doe was standing on the ground behind the truck. Suddenly, the propane cloud exploded in a fireball, engulfing him. The skin was burned off of more than 80 percent of his body.

The neighbor reported: "His hair had melted to his head. It was like a skull cap. He had pork chop sideburns and they were melted. It looked like they were just a piece of plastic hanging off of his jowls. He was holding his arms out like this and you could see skin falling off his arms. And he just-it was kind of like elation to see him alive because after what I saw when the explosion happened, I was positive that he was gone, and that there was no way that he could have survived it."

After the initial propane fireball exploded, there was another explosion when the second propane cylinder exploded, or BLEVED (boiling liquid expanding vapor explosion). A third explosion followed when the truck's diesel fuel tank erupted.

The paramedics rushed Jim Doe by ambulance to the Regional Medical Center, where he was quickly taken by air medical transport to a trauma center. Jim Doe was never again able to speak with anyone due to the severity of his pain and injuries. Jim Doe died on Sept. 6, 2006 due to complications from his severe burn injuries.

Jim Doe's family brought a wrongful death action against the defendants.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Durnall negligently overfilled one or both of the propane cylinders causing propane to vent into the air triggering this accident; negligently trained the employee who filled Doe's cylinders; negligently filled the two propane cylinders that Doe leased from Durnall as neither cylinder was legally certified on the day of the accident; negligently allowed customers, including Doe, to transport propane cylinders in horizontal fashion thus increasing the danger of a propane incident; and negligently failed to warn Doe of the consequences of transporting the propane cylinders in a horizontal fashion.

Plaintiffs also alleged that Manchester was strictly liable for selling defective propane cylinders that failed to adequately warn consumers of the risk associated with transporting propane cylinders in a horizontal fashion and for failing to incorporate an overfill protection device in its cylinders that would have prevented the accident from occurring.

DEFENDANTS' CONTENTIONS:
Durnall claimed the propane cylinders were not overfilled and that Jim Doe had somehow opened up one of the cylinder valves while attempting to remove a cylinder from his truck, or dropped one of the cylinders, causing an accidental discharge of gas. Also, the cylinders' expiration dates had no causal connection to the accident and Jim Doe negligently transported the cylinders in a horizontal manner despite numerous oral warnings over the years from Durnall not to do so. Written warnings on the cylinders also prohibited the practice of horizontal transport.

Manchester asserted its warnings were clear and its design and manufacture of 100-pound cylinders complied with all industry standards. Manchester further contended that there was no overfill prevention device available for DOT cylinders at the time the cylinders were manufactured and none available even today for 100 pound cylinders.

Finally, the defense claimed that Jim Doe was contributorily negligent for approaching his truck when he saw propane venting into the air.

Specials in Evidence

Jim Doe incurred nearly $2 million in medical expenses during his two-month hospitalization.

Damages

At the time of Jim Doe's death, he was a high school teacher, earning $78,000 annually. Plaintiffs' economist calculated that the present value of the family's economic losses was $1,372,709 if Jim Doe had worked until age 65, and $1,494,681 if he had worked to age 70. Plaintiffs also incurred and claimed significant non-economic damages caused by the loss of a husband and father.

Result

The case settled for $4,850,000 ($4,500,000 from Durnall; $350,000 from Manchester).