Explosion Fire Electrocution - Recent Activities

The Practice Group successfully represented its clients in two class actions which were consolidated for trial. The two classes alleged that 143 million cubic feet of natural gas escaped from an underground salt storage facility and migrated to Hutchison, Kansas, some 7 miles away. The Real Property Class sought damages in the amount of $83 million for diminution in value of real property. The Business Owners class sought damages of nearly $8 million. Both classes sought several hundred million dollars in punitive damages. The jury returned a verdict in the amount of $5 million for the Real Property Class and $0 for the Business Owners. No punitive damages were awarded. The jury returned the verdict during the 5th week of trial. A juror was quoted in the newspaper as saying that the majority of the jury concluded there was no evidence of damages, but they didn’t want “the people to feel like it was a slap in the face,” so the jury devised its own methodology and awarded $5 million. The verdicts were appealed to the Kansas Supreme Court. The $0 verdict for the Business Class was upheld on appeal. The $5 million verdict for the Real Property Class was reversed and remanded with instructions to enter judgment as a matter of law in favor of Defendants, wiping out the $5 million verdict against the Practice Group’s clients.

Karrie Clinkinbeard successfully tried a product liability action against Ford Motor Company and Extreme Ford (a local Ford dealership). Her clients, an elderly couple, owned a 1990 Lincoln Town Car for which the alternator and battery were replaced in 2000 with a Motorcraft alternator and battery. In July 2003, after driving just a few miles, the couple parked their Town Car in the garage and turned off the engine. Approximately 15 minutes later the alternator in the Town Car caught fire, igniting the engine compartment and ultimately spreading to the home. The alternator and its component parts contained a design defect related to its inability to dissipate heat which created an electrical short to ground, causing the alternator to ignite. Defendants claimed the Motorcraft alternator was not the cause of the fire, but rather the Motorcraft battery caused the fire by releasing hydrogen which was ignited by some source in the engine compartment. The jury returned a verdict in favor of the couple for the total loss of their home, vehicles and personal possessions in the amount of $350,000, plus costs incurred in bringing the action.

Karrie Clinkinbeard, Patrick Kenny and Jerry King submitted an abstract of the article "Experts Beware: Ignoring the Scientific Method Results in Exclusion of Opinions" to the 2006 International Symposium on Fire Investigation Science and Technology. The article analyzes the litigation consequences of an expert’s failure to utilize the scientific method.

Lynn Hursh argued a case of first impression before the Kansas Supreme Court. The primary issue was the limitations on punitive damage awards imposed by the Due Proces Clause. A decision is expected in early 2006.

Karrie Clinkinbeard and Jerry King completed Training on Interviewing-Interrogation Techniques and Courtroom Testimony at the National Fire Academy in Emmitsburg, MD. The Interviewing-Interrogation Techniques portion of the course was taught by FBI agent Patrick Kelly. Karrie and Jerry were student teachers for the Courtroom Testimony portion of the course. The National Fire Academy is part of the Department of Homeland Security.

In August 2005, Karrie Clinkinbeard and Jerry King presented “Technology and Trial Preparation” at the National Association of Fire Investigators’ National Seminar on Fire Analysis Litigation.

Casey Housley’s article “Third-Party Certification: A Legal Perspective” was published in the American Boat & Yacht Council News. The article addresses the benefits of third-party certification and the defenses that certification provides a manufacturer.

Karrie Clinkinbeard and Jerry King completed the National Fire, Arson and Explosion Investigation Training Program at the National Association of Fire Investigators in Sarasota, FL. Both Karrie and Jerry successfully passed the certification examination and both are now Certified Fire and Explosion Investigators.

A favorable settlement was obtained for our clients in a matter involving the complete destruction of a historical building and significant business losses. A ballroom built in the 1930s by Cleveland Indians baseball player Dusty Rhoades and formerly owned and operated by Kansas City Chiefs band leader Tony DiPardo was being renovated when it caught fire due to plumbing contractors’ failure to use appropriate fire prevention measures while spot welding.

A favorable resolution was reached in a matter in which it was alleged that gasoline vapors were ignited by an improperly installed hot water heater, seriously injuring a young boy trapped in the basement.

Our group successfully defended our client in a wrongful death case resulting from alleged carbon monoxide poisoning from an improperly installed hot water heater.

A more than 100-year old specialty men’s clothing store was allegedly damaged due to work being performed on the natural gas main nearby. The store claimed over $1 million in lost profits and other damages. The practice group was able to favorably resolve the matter on behalf of their client.

The firm obtained summary judgment in favor of its client in a matter pending in Colorado. The elderly plaintiff was severely scalded while taking a shower in his hotel room, claiming that the hot water heater temperature was improperly regulated.

A Kansas resident filed suit against a local utility and underground locating company after he was electrocuted when digging fence post holes at his residence. The plaintiff, who was using a power auger to dig less than two feet from a marked underground utility, alleged that the main electric line was not properly marked. The practice group was able to reach a favorable resolution for their client prior to trial.

The practice group successfully resolved a matter involving injury to a woman when a firework device allegedly malfunctioned. The multi-shot cake firework, which had been placed by another partygoer on a concrete block smaller than the cake itself, tipped over and fired a shell sideways, striking the plaintiff in the face.

A utility line worker who suffered second and third degree burns sought damages in a product liability action. The practice group achieved a favorable resolution for their client prior to trial.

The practice group achieved a favorable resolution of a product liability claim resulting from a power line falling on an individual following an ice storm. The injuries were catastrophic, including third degree burns and amputations.

The Practice Group successfully represented its clients in two class actions which were consolidated for trial. The two classes alleged that 143 million cubic feet of natural gas escaped from an underground salt storage facility and migrated to Hutchison, Kansas, some 7 miles away. The Real Property Class sought damages in the amount of $83 million for diminution in value of real property. The Business Owners class sought damages of nearly $8 million. Both classes sought several hundred million dollars in punitive damages. The jury returned a verdict in the amount of $5 million for the Real Property Class and $0 for the Business Owners. No punitive damages were awarded. The jury returned the verdict during the 5th week of trial. A juror was quoted in the newspaper as saying that the majority of the jury concluded there was no evidence of damages, but they didn’t want “the people to feel like it was a slap in the face,” so the jury devised its own methodology and awarded $5 million.