Des Moines Personal Injury Law Blog

On December 12 a verdict of $1.7 million was returned in favor of clients represented by the Beattie Law Firm based in in part on Odor Fade caused by Soil Adsorption. The defects in the odor only warning system known as odor fade are well known within the propane gas industry. One of the leading causes of odor fade is soil adsorption. This is a process by which, in the event of an underground gas line leak exterior to a home, the soil will scrub or leach out the odorant from the gas leaving the gas unodorized. In this case a contractor years before the explosion that occurred in May 2008 pierced the gas line approximately 60 feet from the home of Dick and Don Firgard. It was repaired by the contractor and the gas system operated normally for years until the line finally leaked propane which migrated through the soil into the basement of the Firgard home. By the time the gas reached into the basement it was unodorized because the soil had leached or scrubbed out the odorant.

The Beattie Law Firm called 2 experts Tim Dunn, a chemical engineer, and Robert Stubbs, an odor chemist to testify to the process that occurred. These experts also testified regarding the fact that soil adsorption form of odor fade wells well known within the propane gas industry and had been for years. In fact the experts testified to well-established and well accepted studies that had been conducted by industry experts including chemists from Philips Petroleum documenting soil adsorption-odor fade.

Notwithstanding this testimony in reliance upon well-established industry studies the gas retailer a subsidiary of Growmark called 3 defense experts who attempted unsuccessfully, to convince the jury that soil absorption - odor fade

did not occur in this case based upon their testing. They testified that because of this Donna Firgard should have been able to detect the odorant in the basement and thus blamed her. As part of its assault on Mrs. Firgard the Growmark retailer called the Iowa State Fire Marshal to testify to alleged admissions Mrs. Firgard purportedly made which were admissions amounting to detecting the odorant. The jury rejected this.

The odor fade form of soil adsorption is well known within the propane industry and this case establishes that reliance upon independent industry studies is more readily accepted by a jury than purported studies conducted by experts retained by the gas company.

WATERLOO, Iowa --- A jury has returned a $1.72 million verdict in the case of a Hudson woman who was burned in a 2008 home propane explosion.

But Donna Firgard will see only a portion of the money.

Firgard, 68, and her husband, Richard, took propane provider New Century FS, a subsidiary of Growmark, to court in connection with the blast, which leveled her home and left her with second- and third-degree burns. The couple claimed the company didn't do enough to warn them about the limits of odor-causing chemicals injected into the gas as a warning and didn't adequately warn them about the importance of leak detectors.

The trial started Nov. 29, and on Monday afternoon, jurors reached their verdict. They awarded Donna Firgard $1.655 million in damages --- $126,587 for past medical expenses, $108,000 for future medical expenses, $530,000 for past pain and suffering, $225,000 for future pain and suffering, $375,000 for loss of function and $290,931 for property damage.

Richard Firgard was awarded $60,000 for loss of consortium.

The decision found New Century FS was 40 percent at fault. Thirty percent of the blame went to the Firgards, and the remaining 30 percent to J.C. Plumbing, which nicked and then repaired the underground gas line in 2002.

The breakdown means New Century pays 40 percent of the damages --- $686,000. J.C. Plumbing wasn't a defendant in the lawsuit because the company already settled out of court.

The Firgards' insurance carriers will receive a portion of the verdict, which will leave the couple with about $500,000 before attorney fees.

Attorney Brett Beattie --- who, along with his father Donald Beattie, represented the Firgards --- said the case shows the importance of leak detectors.

"This trial was a referendum on gas detectors --- telling Iowa propane companies that derelict safety choices will not be tolerated," Brett Beattie said. He said top company officials admitted it was unsafe to use propane in a basement without the detectors, yet the company made a decision to not take steps to get them in homes.

"If Growmark had provided every customer a gas detector, it would have saved itself hundreds of thousand of dollars in Donna Firgard's blood, skin, face, self-image and intolerable pain, as well as legal fees and costs," Beattie said.

During trial, attorneys for New Century said the company provided a number of warnings about gas detectors. Information was included in mailings and on account statements and delivery tickets.

By JEFF REINITZ, jeff.reinitz@wcfcourier.com wcfcourier.com

WATERLOO, Iowa --- Investigators hired by a propane company following a May 2008 explosion at a Hudson home said the gas leak was caused by an overtightened nut.

Donna Firgard is taking New Century FS to court claiming the business failed to provide adequate warnings about the shortcomings of propane odorant and the need for gas detectors.

The blast happened when she went into the basement to light a pilot light on the water heater. It leveled her house and left her with second- and third-degree burns.

On Tuesday, officials for Advanced Engineering Investigators of Littleton, Colo., said the underground copper gas line was severed in December 2002 when a plumbing company was placing plastic water or sewer pipe in the yard. The plumbing company repaired the line but overtightened a flare nut using a pipe wrench, Dennis Shelp of AEI told jurors.

He said the fix eventually failed, causing the gas leak.

Firgard's attorneys challenged Shelp's conclusion, noting the nut could have failed because of corrosion or a manufacturing defect.

Shelp said the leak was about 75 feet from the house, and it would have released about 70 gallons of vapor --- or two 35-gallon garbage bags --- into the air every hour.

He said the leak wouldn't have been considered major, but the line was shrouded in drain tile, which he said directed gas toward the house when the area had heavy rains.

Also testifying for New Century's defense was John Freeman Jr., also of AEI. He said safety information distributed by New Century was consistent with the customs and practices of the propane industry.

AEI officials also testified they couldn't rule out the water heater as a source of a gas release because the appliance had been damaged in the explosion.

By JEFF REINITZ, jeff.reinitz@wcfcourier.com wcfcourier.com

WATERLOO, Iowa --- Donna Firgard described the flames that erupted when she lit her water heater in 2008 as the trial continued Friday in her lawsuit against her propane dealer.

"Beautiful colors," she said of the fire. "Reds, yellows, whites."

But that glimpse of beauty turned to years of pain in a fraction of a second, Firgard, 68, told jurors.

The blast, caused by a leak in the line to her Waters Road home near Hudson, burned her glasses into her face. In addition to her head and her neck, Firgard's arms, legs and back were badly burned. She passed out as medics loaded her onto a gurney.

Her first memories after that are of the burn unit at the University of Iowa Hospitals and Clinics as she was placed in a "scrub tub" where nurses used abrasive sponges to scour dead skin from her body.

"I really didn't know what was going on. I just knew that it hurt," Firgard said.

Her memories of the hospital are obscured by the effects of powerful painkillers.

She developed a fear of showers because, every day, staff would have to wet down and peel off the bandages that stuck to her wounds.

On the stand, she went over diagrams that listed her numerous skin grafts. The chart showed where unburned skin from her stomach and the backs of her legs was harvested and transplanted over the burns.

She told jurors about wearing pressure masks and gloves and how doctors worked on the webbing of her right hand to add gussets for more flexibility. Physicians recommended the same operation for her left hand, but she refused to go through with it.

"Enough is enough," she said.

Now, more than two years later, Firgard said her burns mean she can't be outdoors for long.

"Winter's my worst time. I freeze instantly," she said.

In the summer, she has to be fully clothed and wear hats. She tires easily in the heat.

Her attorneys said the chemical odor injected into propane was stripped out when the naturally odorless gas seeped through the ground and pooled in her home. They claim New Century FS officials didn't do enough to warn her of the danger or issue strong enough warnings to install leak detectors.

Firgard testified she didn't smell any gas when she lit the pilot light on her water heater.

Attorneys for New Century said the gas odor should have been evident in Firgard's home. They said the company issued warnings about propane dangers and recommended leak detectors.

By JEFF REINITZ, jeff.reinitz@wcfcourier.com wcfcourier.com |