

CASES WHERE DONALD BEATTIE WAS LEAD ATTORNEY: • Booker vs. ____ (Michigan 2005). Settlement of $1.5 million was reached against a national propane gas manufacturer and retailer. Booker was severely burned in an explosion caused by leaking propane gas. The claims were predicated upon failure to warn including failure to warn about gas detectors. The retailer claimed that Booker himself was at fault and that the leak was due to reasons other than the conduct of the retailer. • Myers v. _____ (Iowa 2005). Settlement of $1.2 million was reached against a local retailer in northern Iowa in favor of Mr. Myers who was burned in exploding propane gas. Theories were predicated on failure to warn, including gas detector, and failure to inspect the propane gas system. • Swanson v. Local Retailer (Kansas 2005). A substantial settlement for three children burned in a propane gas explosion was reached. The claim was based upon defective warnings and a failure to test and inspect said property. Damages were limited due to Kansas caps. • Stansbeary v. Allied, et al. (1997) (Jury verdict $940,000 – in this case a male was critically burned in a propane gas explosion near Albia. Suit was filed against the retailer in Polk County, Iowa based upon the failure to warn concerning the dangers of propane. • Freeland v. Ferrellgas, et al., Arbitration award $8.3 million, Michigan (2003) A retired couple was subjected to a propane gas explosion resulting in the death of the husband and critical burns to the surviving spouse. Suit was based upon failure to warn about the defects of odorized propane and to adequately respond to numerous calls by the Freelands regarding gas leaks. The case was tried in state ordered mandatory arbitration resulting in $8.3 million award. • Walter v. Phillips Petroleum, et al. – A jury awarded in federal court in Denver, Colorado $6.2 million for burn injuries to two minor children. Suit was based upon a failure to warn about the defects of odorized propane. • Timmens v. Kaneb Pipeline – A jury in Nebraska awarded a then record $1.6 million verdict to a partial paraplegic who was a victim of a propane gas explosion. • Krueger v. Retailer (Minnesota, 2005). A settlement of $1.8 million was reached in this case for burn injuries sustained by Mr. Krueger by exploding propane gas. Krueger alleged that the retailer failed to provide adequate warnings, including the need for gas detectors and failed to conduct proper inspections of the propane gas system. • DeJong/Hutt v. Phillips Petroleum, et al. – Two men were critically burned in a propane gas explosion. Suit was brought against Phillips and appliance manufacturers based upon failure to warn about the dangers of propane. DeJong/Hutt settled with all defendants except for Rheem Manufacturing. A jury verdict in the amount of $3.2 million was awarded. It was also the first time in the United States that a jury had found against a propane appliance manufacturer for failure to warn about the dangers of propane. • Countryman, et al. v. Iowa Double Circle, et al. – In this case seven people were killed and others critically burned in a propane gas explosion in Richland, Iowa. Suit was filed against the retailer, pipeline, supplier and appliance manufacturers. The suit was based upon a failure to warn concerning the dangers of propane. Settlement was reached against the propane retailer for the policy limit amount of $5 million. The homeowner paid policy limits of $1.3 million. The wholesalers and pipe line, Cenex and Mapco paid substantial settlement amounts five days prior to the start of trial. Trial was started against the remaining Defendant Lennox, the appliance manufacturer, before voir dire was completed. Myers v. I.T.T. General Controls (U.S. D. Ct Council Bluffs 1989). $540,000.00 to C a minor, $30,000.00 to mother and $30,000.00 to father There, the jury was presented with no medical since the victim had received free medical care. In addition, the scarring was limited to a small area on the left side of his torso. DeJong/Hutt v. Phillips, et al (Iowa 1990). Victim had second and third degree burns to his face, arms, and chest. He was left with no scarring on his face but was scarring of chest, arms and hands. 2nd victim suffered second and third degree burns to his face, arms and hands. The jury awarded 3.1 million for the 2 burn victims and their families. Walter v. Amoco, et al, (U.S. D. Ct. Denver, Colo 92). There the jury awarded over $6 million to a family, mainly for injuries sustained by two minor children, a boy and a girl. The boy suffered second and third degree burns to his face, arms and hands - no permanent scarring of his face but scarring of his arms and hands. Wininger v. Phillips, et al. (Saginaw, Michigan, 1993). There the total settlement offers were approximately $2 million. Fahrbach v. Petrolane, et al. (New Mexico, 1994). In Taos, New Mexico, the victim was severely partially burned. Plaintiff accepted a $900,000 settlement offer from one of the Defendants and rejected a $450,000 settlement offer from three other Defendants. Tuttle and Calloway v. Beaman Coop, et al. (Iowa, 1995), two men were were moderately burned. Plaintiffs’ settlement was in excess of $1 million. Sneller and Mosher v. Thermogas, et al. (Iowa, 1995). Two plumbers from Jasper County were burned. The jury awarded in excess of $950,000. Jarnigan v. Central Iowa FS, et al., (Iowa, 1996). This Native American burn victim suffered burns moderately severe burns. He incurred little lost wages and substantial questions of comparative fault existed. The total settlement exceeded $800,000. Stansbeary v. Allied Gas, et al., (Iowa, 1996). The victim sustained moderately severe burns. Significant questions of comparative fault existed. The jury awarded approximately $974,000 as damages with 30 percent fault assessed to the Plaintiff. In addition, settlements of $200,000 plus were also obtained from other defendants. Amberson v. Red Lake Coop, et al., (Minnesota, 1997). One Native American woman and her husband were injured. The medical was substantially less and there were no lost wages. Very substantial questions of liability existed. Scarring was minimal. Settlement was reached for approximately $600,000. Snell v. Pellet, et al. (Iowa, 1998). Plaintiff was burned. There was little by way of lost wages and no future damages because the client was diagnosed with cancer and was expected to die in the very near future. Plaintiffs obtained approximately a $400,000 settlement. Robbins v. Ferrellgas, et al. (Iowa, 1999). Here the Plaintiff was an approximately 50 year old construction worker who suffered burns that were limited to his hands. There was no future medical. A total settlement in excess of $800,000 was obtained. |

