Page 20 - jan-feb2018_Neat
P. 20

Jury Awards Significant Damages to Plaintiff


                                       Injured on Propane Marketer’s Property


                                       When Cylinder Refill Led to Flash Fire Incident




                    he jury in the Sysak v      headed to Western Propane          ed a number of liability-based
                    Western Propane Services    Services, Inc. (Western Pro-       claims against Western Propane
                    Inc. case, fi led in the     pane) on July 3, 2015 to have      including that the company
             TSuperior Court of Orange          his barbeque cylinders refi lled,   and/or its employees negli-
              County, California, awarded       presumably for use over the        gently maintained, entrusted,
              over $3,000,000 in damages        Fourth of July holiday. A West-    repaired, controlled and/or
              to a plaintiff injured on the     ern Propane employee started       operated the propane storage
              propane company’s premises        fi lling the cylinders from a large   and dispensing equipment on
              during a cylinder refi ll.         propane storage tank on the        its property/premises, including
                                                property. Unfortunately, during    the propane storage tank, hos-
              Background/Underlying Inci-       the fi lling process there was an   es, fi ttings, and valves.
              dent.                             accidental release of propane             In addition to the physi-
                     Michael Sysak, a           right in the area where Sysak      cal damages Sysak claimed for
              36-year-old diesel mechanic,      was standing. A “plume of gas”     his burn injuries, he also assert-
                                                                 ignited caus-     ed emotional distress dam-
               WORLD CLASS PERFORMANCE                           ing a fl ash fi re.   ages based on experiencing
               FROM AMERICA’S                                    Sysak sus-        the shocking and dangerous
               INDUSTRY LEADER
                                                                 tained sec-       incident, including specifi cally
               PRODUCTS:                                         ond and third     Post-Traumatic Stress Disor-
               •  New TRANSPORT TRAILERS
               •   New BOBTAILS                                  degree burns      der (PTSD). Additionally, Sysak
               •  New BULK STORAGE TANKS                         to his legs and   claimed that experiencing the
               Ask about availability of
               used or refurbished                               arms which        fl ash fi re incident and the result-
               transport trailers and bobtails
                                                                 required skin     ing physical injuries, aggravated
               SERVICES:                                         grafts.           his pre-existing anxiety condi-
               • Refurbishing & Repairs                                            tion. Sysak’s wife also made a
               • Blasting & Painting
               • 5-Year Inspections                              The Lawsuit.      loss of consortium claim.
               • Annual Inspections                                   About               After discovery in the
               • Stress Relieving
               • Parts                                           seven weeks       case, Western Propane deter-
                                                                 after the fl ash-  mined as part of its trial strat-
                PROUDLY MANUFACTURED & ASSEMBLED IN THE USA
                                                                 fi re incident,    egy, that it would not contest
                           0,66,66,33,                           Sysak and his     the negligence claim for the
                           7$1. &203$1<                          wife fi led a      fl ash fi re incident involving the
                                                                 lawsuit against   accidental release of propane
               HEADQUARTERS            INDIANA DIVISION
               P O Drawer 1391         1301 East Elkhorn Road    Western           during the cylinder refi lling
               Hattiesburg, MS 39403-1391  Vincennes, IN 47591-8004
               PH: 800-331-8265 ext. 224    PH: 812-886-8265     Propane.          process. However, Western
               FAX: 601-264-0769       FAX: 812-886-8979
               EMAIL: sales@mstank.com
                                       EMAIL:  salesid@mstank.com
               www .mstank.com                                   Sysak assert-     Propane did contest certain
      20                                    Alabama Propane Gas Association  |  January / February 2018
   15   16   17   18   19   20   21   22   23   24   25