$3.1 Million Verdict After Propane Flash Fire Burns Customer at Orange County Refill Station

On July 3, 2015, Michael Sysak drove to Western Propane Services, Inc., a retail propane station in Orange County, to refill barbecue canisters. While he waited during the filling process, propane was accidentally released into the area where he was standing. The gas ignited, and the resulting flash fire swept across his lower legs and forearms before he could move clear.

The burns were severe enough to generate past medical expenses of $407,828.15, along with documented past wage loss of $42,015. Sysak's treating physicians projected additional future medical expenses of $75,000 and future wage loss of $63,000 to account for continuing care and the limitations the injuries imposed on his ability to work. His wife, Claudia Sysak, filed a companion claim for loss of consortium.

Banafsheh, Danesh and Javid, PC, assigned partners Shawn J. McCann and Lauren E.S. Horwitz to represent the couple. The defense, handled by Hogan Lovells US LLP out of Los Angeles, contested the case through trial before Judge Randall J. Sherman. Western Propane had made pre-trial settlement offers of $1,100,000 for Michael and $50,000 for Claudia under California Code of Civil Procedure section 998.

The jury rejected the defense position and returned a verdict on November 10, 2016, awarding Michael $3,087,843.15. The breakdown included $407,828.15 in past medical costs, $42,015 in past lost wages, $75,000 in future medical costs, $63,000 in future lost wages, $1,500,000 for past noneconomic loss, and $1,000,000 for future noneconomic loss. Claudia received $25,000 on her consortium claim, bringing the gross award to $3,112,843.10.

Following the verdict, Western Propane waived its right to appeal in exchange for the plaintiffs waiving post-trial costs.