Page 15 - mar-apr 2018
P. 15
compliance with applicable that despite receiving psycho- decided to resolve the lawsuit
regulations therapy, her PTSD symptoms before trial through an $850,000
The plaintiffs also asserted were permanent and distinct settlement paid by the gas
in the lawsuit that there had from symptoms related to her company Although the parties
been gas leaks in pipeline in the existing bipolar disorder disclosed the total amount of
neighborhood prior to the un- The oldest daughter the settlement, they did not dis-
derlying incident The plaintiffs claimed the incident caused close how the total amount was
contended that the prior pipe- her to suffer from PTSD which divided between the plaintiffs
line leaks triggered a require- “manifested” as anxiety, de-
ment that the gas company’s pression, nightmares and ***
em- flashbacks The underlying incident
ployees Safety never takes a to the underscores that gas-related
conduct holiday ~ Unknown. incident fires or explosion incidents can
addi- She also generate a variety of damages
tional claimed claims, not only personal injury
inspections in the neighborhood her post high school studies had and property claims, but also
under Federal regulations and to be deferred for a time due psychological damages, even
its own internal policies and pro- to her severe reaction to the with no physical injury The
cedures The plaintiffs claimed incident The youngest daugh- lawsuit is also another reminder
the company was negligent for ter also claimed PTSD and her that propane marketers and
failing to do so psychologist indicated she had their employees should carefully
a “guarded prognosis ” Both and consistently follow all safety
Damages Claims. daughters asserted their con- procedures year end and year
All four plaintiffs asserted ditions were permanent, i e out as part of ongoing risk-man-
that the incident caused them would adversely affect the rest agement efforts
to suffer from post-traumatic of their lives Safety never takes a holiday
stress disorder-PTSD The fa- The timing of the underlying ~ Unknown
ther also claimed the incident incident was also brought into
caused him to develop an play as a highly significant as- [Kathryn A. (“Katy”) Regier is an attor-
ney with the Sandberg, Phoenix & von
anxiety adjustment disorder He pect of the plaintiffs’ damages Gontard, P.C. law firm in its Kansas City,
asserted his condition was com- claims All four plaintiffs claimed MO office. She can be contacted at:
kregier@sandbergphoenix.com or (816)
pounded by the feeling that he that because the fire hap- 425-9683.]
failed to do enough to protect pened right before Christmas,
his family from harm His treating their sense of loss of safety and
psychologist, who was also pre- security was heightened due to
pared to testify at trial, indicat- the special time of the year and
ed the father’s psychological inferentially, that memories of
condition was permanent the incident would affect them
The mother also claimed at Christmas time in the years to
PTSD, stating her pre-existing come
psychological problems made
her “vulnerable” to a severe Settlement.
and life-altering reaction to the As noted above, the plain-
incident The mother asserted tiffs and the gas company
15 Alabama Propane Gas Association | March / April 2018
