Aitken Redesign

CASE DESCRIPTION:

On the weekend of June 15, 2008, Plaintiff John M. along with his wife Tracey M., three sons and brother were guests at Defendant Everett B.’s mobile home in Big River, California.  They were staying there to attend John’s step-mother’s funeral the next day.  Since it was Father’s Day, John decided to barbeque hot dogs and hamburgers for his family.  John M. turned the valve of the propane tank and lit the barbeque before shutting the lid.  Approximately 10 minutes later he returned to the barbeque and lifted the lid.  He noticed that the flames to the burners were unusually low and the grill did not appear to be putting out any appreciable heat.  Having seen a spare propane tank earlier in the garage of the Defendant’s mobile home, Plaintiff suspected that the propane tank had run out and was empty.  Plaintiff opened the door to the cabinet under the grill of the barbeque and reached into the propane tank compartment to check to see if the tank was empty.  As he grasped the collar of the tank, but before he was able to lift the tank to test its weight, a ball of fire shot out form the compartment.  Plaintiff was immediately smothered by his brother, who forced Plaintiff to the ground to help put out the fire on Plaintiff’s body and clothing.  Plaintiff was transported by helicopter to Maricopa Medical Center where he was treated for second degree burns over 7% of his body.

RESULT: $100,000 (Policy limits)

TYPE OF CASE: Products Liability; Premises Liability

INJURIES: Second degree burns on forearms and right leg.

DATE & LOCATION OF INCIDENT: June 15, 2008 at approximately 6:00 p.m. at Big River, California.

PLAINTIFF’S AGE: John 45; Tracey 42

OCCUPATION: Parking Director/Photographer

PLAINTIFF’S ATTORNEYS: CASEY R. JOHNSON, Esq. AITKEN * AITKEN * COHN For Plaintiffs-John M. and Tracey M.

DEFENDANTS’ ATTORNEYS: DOUGLAS K. GLAUSER, Esq. BEVINS, HELLESEN & GLAUSER For Defendant –Everett B.

DEFENDANT INSURANCE CO.: Mercury Insurance Group