Case details
Alcohol can’s bad condition resulted in explosion: plaintiff
SUMMARY
$1637786
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
burns, third degree
FACTS
On Sept. 15, 2018, plaintiff Daniel Flitcroft, 26, a carpenter and skateboard maker, volunteered to cook for guests at a summertime barbecue at a property in Santa Barbara. While Flitcroft was using the barbecue, his friend, Taylor Berry, held a can of denatured alcohol, which was intended to be used to reheat the charcoal, near the barbecue. As Berry tilted it to pour out the fluid on the coals, a flame came toward Flitcroft. The can exploded, and flames subsequently covered Flitcroft’s body, causing burn . Flitcroft sued Berry; the alleged owner of the can, Grant Rickon; the property owner, Teresa Atterbury; the property management company, Santa Barbara Property Group Inc.; and the property’s tenants; Kristina Hlavacek, Alexandra Barbeau and Taylor Tidwell. Flitcroft alleged that the can of denatured alcohol constituted a dangerous condition and that the defendants were negligent in the maintenance of the can and/or in failing to maintain a reasonably safe environment. Plaintiff’s counsel contended that an emergency medical technician noted that the can was of denatured alcohol, but that since the can was thrown out after the incident, it was not noted what type of can it was, why it malfunctioned or why there was a flash fire. Regardless, plaintiff’s counsel asserted that the can constituted a dangerous condition and that the property management company, Santa Barbara Property Group, was negligent for failing to maintain the property in a reasonably safe condition. Counsel also asserted that the tenants (Hlavacek, Barbeau and Tidwell) and the owner of the can (Rickon) were negligent in the maintenance and custody of the can. In addition, plaintiff’s counsel asserted that the can was in such a dilapidated condition at the time of the incident that Hlavacek, Barbeau, Tidwell and Rickon knew or should have known (in the exercise of reasonable care) of the dangerous propensities of the can. Hlavacek, Barbeau, Tidwell claimed that Rickon was the owner of the can and was solely responsible for the can’s condition. Rickon denied liability, claiming that he gave the can to the tenants., Flitcroft sustained third-degree burns to over half of his body. He was airlifted to a specialty burn center for treatment and remained in an intensive care unit for six weeks. Flitcroft claimed that he will not need any future care and that he has no limitations. Flitcroft sought recovery of past medical costs and damages for his past pain and suffering.
COURT
Superior Court of Santa Barbara County, Santa Barbara, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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