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Wrongful Death

 

Estate of Ryan v. Defendants (Iowa)

Facts: Mr. Ryan lost his life, and another co-worker was severely and permanently injured when an anhydrous ammonia tank ruptured. The tank ruptured due to a defective weld, and it had been inadequately inspected over the years. Plaintiffs sued the various defendants on a failure to warn theory.

Verdict: The jury returned a verdict of $9.6 Million, including nearly $4 Million for the wrongful death claim..

Devore v. Retailer, et. al. (Iowa)

Facts: Mr. Ryan lost his life, and another co-worker was severely and permanently injured when an anhydrous ammonia tank ruptured. The tank ruptured due to a defective weld, and it had been inadequately inspected over the years. Plaintiffs sued the various defendants on a failure to warn theory.

Verdict: The jury returned a verdict of $9.6 Million, including nearly $4 Million for the wrongful death claim.

Freeland v. Ferrellgas (Michigan)

Facts: A retired couple was burned in a propane gas explosion in Michigan. The husband died as a result of the burns received in the explosion. The wife survived, but she sustained critical burns. The case was based on negligent failure to warn about the defects of odorized propane as well as the retailer’s failure to respond to numerous calls by the Freelands regarding gas leaks.

Arbitration: The case was tried in state ordered binding arbitration resulting in a $8,300,000 arbitration award.

Countryman, et. al. v. Iowa Double Circle, et. al. (Iowa)

Facts: Seven people were killed, and many others were seriously injured during a family gathering in Richland, Iowa. The home that was the gathering place for the family and friends exploded due to the accumulation of propane gas. The case was based on the negligent failure to warn concerning the dangers of propane and the reasonable measures to take to ameliorate those dangers.

Settlement: Settlement was reached against the propane retailer for the policy limits of $5,000,000 and with the homeowner for $1,300,000. The wholesalers and pipeline settled for a significant confidential amount prior to the start of trial. Trial began against Lennox, the appliance manufacturer, before the case was settled for a substantial confidential amount during voir dire. The press reported total settlements of approximately $17,000,000.

In addition the District Court dismissed during the case a wholesaler based upon the limited liability statute. This was appealed to the Iowa Supreme Court which resulted in a reversal finding that a managing partner to a limited liability corporation can be personally liable.

Lawson v. Coop, et. al. (Minnesota)

Facts: Mrs. Lawson was killed in her sleep from a propane gas explosion. The case against the retailer was brought based on negligent failure to warn concerning the dangers of odorized propane. The warning odor will not warn a sleeping person.

Settlement: The Beattie Law Firm obtained a significant confidential settlement for Mr. Lawson.