Products Liability Law Reporter
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Liability for defective propane cylinder that caused user’s severe burns
April/May 2022C. Sidney Johnston went to check the propane tank after the grill he was using stopped working properly. As he handled the tank, Johnston suffered severe burn injuries to his face, hands, arms, and chest. Now 62, he suffers from chronic nerve pain and requires medication.
Johnston and his wife filed suit against Ferrellgas, Inc., which refurbished and distributed the propane tank, alleging claims including negligence, strict liability, and breach of implied warranty. The plaintiffs alleged that a defective propane cylinder led to Johnston’s injuries. The defense countered that Johnston had been contributorily negligent.
The jury awarded the plaintiffs $7.5 million, finding Johnston 7% at fault. The award includes $500,000 for loss of consortium.
Citation: Johnston v. Ferrellgas, Inc., No. 4:20-CV-0424-P (N.D. Tex. Nov. 17, 2021).
Plaintiff counsel: AAJ member Cesar Tavares, AAJ member Emily Vechan, and Margot Trevino, all of Houston; and Jennifer Salim Richards, Dallas.
