Case details
Corporation negligently caused flash fire, plaintiff alleged
SUMMARY
$3112843.1
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
burns, left forearm, lower leg, post-traumatic stress disorder, PTSD
FACTS
On July 3, 2015, plaintiff Michael Sysak, a diesel mechanic in his 30s, went to Western Propane Services Inc., in Garden Grove, to fill the propane canisters for his barbecue. Sysak presented the canisters to an employee of Western Propane Services, but during the filling process, propane was accidentally released in the area where Sysak was standing. The propane ultimately ignited, resulting in a flash fire that burned Sysak’s left forearm and lower leg. Sysak sued Western Propane Services Inc. Plaintiff’s counsel contended that Western Propane Services’ employee negligently caused the fire by failing to follow industry safety practices, such as the order in which the connections are made, valves are opened and closed, and the hose is disconnected. Counsel argued that as a result of Western Propane Services’ employee’s failure to follow industry safety practices, the employee negligently allowed the propane to be released into the area and caused the flash fire. Western Propane Services initially contested liability, but ultimately admitted liability and causation at trial., Sysak sustained first- and second-degree burns to his left forearm, and third-degree burns to his calf area. He was subsequently taken to the University of California, Irvine Medical Center, in Orange. Later that month, Sysak underwent a skin grafting operation. Sysak has no ongoing complaints of pain or discomfort in his leg or arm, and eventually returned to work as a diesel mechanic. However, he claimed he suffers from ongoing anxiety and partially-resolved post-traumatic stress disorder. Sysak is not currently undergoing any therapy or treatment for his psychological conditions, but still undergoes medication management. However, the amount of medication and/or treatment was disputed. Thus, Sysak sought recovery of $407,828.15 in past medical costs, $75,000 in future medical costs, $42,015 in past lost earnings, and $63,000 future lost earnings. He also sought recovery of damages for his past and future pain and suffering. His wife, plaintiff Claudia Sysak, sought recovery of damages for her loss of consortium. Defense counsel disputed the extent of the plaintiffs’ damages.
COURT
Superior Court of Orange County, Orange, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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