Settlements

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$Substantial Confidential

Settlement

CLIENT V. PROPANE RETAILER (KANSAS)

Facts: The client sustained serious burns in a propane gas explosion in Kansas. The case was based on negligent failure to warn, negligent testing of the system, and failure to add proper odorant.

Settlement: The McAleer Law Firm obtained a substantial confidential settlement for the client. The settlement amount, however, was limited due to Kansas law on damage limitations.

$Confidential

Arbitration

BOGER V. PROPANE RETAILER, ET. AL. (ARBITRATION)

Facts: Mr. Boger sustained serious burns in a propane gas explosion caused by leaking propane gas. The case was based on negligent failure to warn, including the need for gas detectors and odorant fade. There was also a claim of a defect in the propane system design.

Settlement: The case was tried in state ordered binding arbitration resulting in a “confidential” arbitration award.

$Confidential

Settlement

GOEHRING V. FLYING J, ET. AL.

Facts: Client purchased a 20 lb. pound cylinder to provide heat to his house following a storm that knocked the power out to his residence. He took the cylinder to the defendant retailer to have it refilled. Two hours later, when he returned, he smelled gas and attempted to carry the cylinder out of the house. When he picked up the cylinder, the house exploded.

Settlement: The McAleer Law Firm obtained a confidential settlement on behalf of its client.

$$5,000,000

Settlement

VEGA V. PROPANE RETAILER, ET. AL.

Facts: Three young children were badly burned when a cat with a litter someone caused a fuel shutoff valve improperly placed in a wall was opened allowing gas to enter the home. The case was brought on the basis of negligent installation of the gas system and a failure to adequately warn of the dangers of propane gas.

Settlement: The case settled resulting in a $5,000,000 settlement.

$Confidential

Settlement

BLASLY V. PROPANE RETAILER, ET. AL.

Facts: The claim was for an explosion at the client’s residence. An uncapped gas line allowed propane gas to leak into the home. It is known to scrub or fade out the odorant and the leaked gas contained no warning agent. The claim was resolved prior to filing a lawsuit.

Settlement: Confidential.

$Confidential

Settlement

CLIENT V. GAPPA OIL, ET. AL.

Facts: The client suffered horrible full-thickness burn injuries in a propane gas explosion at her house. An uninspected and leaked propane gas into the home. The retailer failed to inspect and test the entire propane gas system prior to the introduction of propane. The claim was also brought upon other legal theories upon theories of negligent failure to adequately warn, negligent testing, negligent inspection, and gas detectors.

Settlement: A confidential settlement was reached prior to trial against the retailer who was the substantial cause of the explosion.

$Substantial Confidential

Settlement

KARR V. FERRELLGAS, ET. AL.

Facts: A 14-year-old boy was seriously burned in a propane explosion. The retailer failed to adequately warn about the dangers of propane gas and the need to install a gas detector.

Settlement: After a week in trial in Iowa, the insurance company for the propane retailer paid a very substantial settlement to the boy.

$Substantial Confidential

Settlement

CAMPFIELD VS GOTTULA PROPANE SERVICE, INC. ET. AL.

Facts: A propane explosion occurred at the mobile home where our client was residing. The client was disabled and completely unemployable as a result of his injuries. In the explosion he suffered severe burns, full and partial thickness, to the face, head and upper body – covering 35-40% of his total body surface area. The case was predicated upon a negligent fill, overpressurization, and a failure to warn.

Settlement: Obtained a substantial settlement for the client prior to trial.

$Confidential

Settlement

NISSEN V. AMERIGAS, ET. AL.

Facts: Mr. Nissen sustained serious burns when propane gas leaked from a corroded gas line located in his basement. The propane company, Southwest Propane, failed to conduct a pressure test of the system before filling the propane tank and also failed to warn Mr. Nissen of the dangers of propane gas.

Settlement: A trial of this case was scheduled for April 2011, and settlement was reached shortly before that to compensate Mr. Nissen for his injuries.

$Confidential

Settlement

DEER V. SO DAKOTA PROPANE DISTRIBUTOR (SOUTH DAKOTA)

Facts: The clients sustained serious burns when propane gas leaked from a corroded gas line located in the basement. The propane company failed to conduct a pressure test of the system before filling the propane tank.

Settlement: The trial in this case was scheduled for May of 2011, and settlement was reached shortly before trial.