Our Experience

Selected Listing of Cases
Litigated by the Beattie Law Firm

Propane Gas Explosion Cases:

• 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.

Natural Gas Explosion:

• City of Hubbard, et al. v. Alliant/IES (Story County, Iowa 2003)–
The downtown area of the City of Hubbard, Iowa exploded on
December 7, 2000 causing millions of dollars of damages. The
explosion was caused by leaking natural gas from an Alliant
natural gas line. The City of Hubbard and 33 other parties
including insurance companies joined together and filed suit
against Alliant. The case was settled for a very substantial
confidential amount shortly before the start of the trial.

Carbon Monoxide:

• Devor v. Retailer and Manufacturer. A settlement of $400,000
was reached concerning the death of the 17 year old who died as
a result of carbon monoxide poisoning while camping. It was
alleged that the propane heater was defective in that it released
excessive amounts of carbon dioxide and that the defendants
failed to warn regarding of carbon monoxide.

Automobile Collisions:

• Kendall, et al. v. Meldrem, et al. (Marion County, Iowa 2003)–
Patricia Kendall, a 64 year old woman, left her employment at
Pella Corporation riding with the Co-Defendant. As they crested a
hill, Defendant Meldrem suddenly turned his vehicle right in front
of the vehicle in which Kendall was riding. Meldrem was insured for
$1 million while Keegel had only $25,000 of insurance coverage.
Kendall suffered a frozen right shoulder and was unable to return
to work any longer.

The jury awarded Kendall $350,000 in damages and her husband,
Norman, $34,000, for loss of consortium.

• Rierson v. PST, Inc. – Rierson was driving on Highway 65 in
Altoona, Iowa. The Defendant’s semi-truck driver pulled off the
Interstate in foggy conditions in front of Mr. Rierson. Don had no
time to stop before his car crashed into the side of the trailer.
Rierson was life-flighted to Methodist Hospital where he was
diagnosed with a severe closed head injury. Don never recovered
from his severe head injury and eventually succumbed to his
injuries.

The case was settled shortly before trial for a confidential amount
in the seven figure area.

• Marsh, et al. v. Brown Truck Leasing, et al. – The Marshs were
driving in a winter blizzard on Interstate 80 by Colfax. They were
able to observe wrecked semis blocking Interstate 80. They were
able to stop but were crashed into by other semis following the
Marshs. The Marshs were trapped in their vehicle and
had to be cut out by the jaws of life. Marsh suffered severe injuries
and lost part of her spleen.

The case was settled for a substantial confidential amount shortly
before the trial.

• Jacobs, et al. v. Smith, et al. – Jacobs was riding with Co-
Defendant Guessford. Mrs. Guessford crossed the bridge on
Interstate 80 heading southbound just south of Highway 141 on-
ramp. Driver Guessford suddenly was confronted with the stopped
vehicle of who had crashed on slippery roads. At trial, Co-
Defendants each alleged the other was at fault. The jury awarded
a verdict of $280,000 to the Plaintiffs.

Legal Malpractice:

• Stubbart/Ryker v. ____ Law Firm (Illinois 2001)– The Stubbart
family was burned in a natural gas explosion and retained a
renowned Chicago, Illinois law firm to represent them. Due to the
malpractice of the firm in failing to recognize the issues of liability
against the utility company which was failure to warn concerning
defective flexible connectors.

The malpractice case was successfully settled without filing of the
lawsuit for $1.9 million.

• Naber v. ___ Law Firm (Webster County, Iowa 1999)– In this
case, the original attorney settled with one of several Defendants.
The attorney failed to reserve the right to continue with Betty’s suit
against the remaining Defendants and was ultimately dismissed
out of Court. Suit was filed but the claim was settled before
trial for a confidential amount.

Medical Malpractice:

• Schuring v. Doctor (December, 2004). The settlement against
Dr. ____ in the amount of $575,000 was obtained for a young man
who developed infection while under the Doctor’s care. The claim
was predicated on the Doctor’s failure to discover the infection,
which spread and caused damage to his arm.

Premises Liability:

• Bangs v. Pioneer Janitorial of Ames, Inc. – Bangs was a K-Mart
employee. Pioneer Janitorial was the janitorial service hired by K-
Mart to clean the premises. Before store hours she walked down
an aisle that had just been cleaned and waxed by Pioneer
Janitorial. There was no warning signs posted. Bangs slipped and
fell and fractured her hip.

The case was tried to a jury verdict of approximately $200,000.
Pioneer Janitorial appealed and the Iowa Supreme Court reversed
for a new trial. On retrial the jury once again awarded
approximately $200,000 to the Plaintiff.

• Davenport v. ____ (Iowa 2005). A settlement of $300,000 was
reached for an individual who claimed that he suffered a head
injury in a slip and fall in a movie theater. The defendant movie
theater alleged that the client had been to multiple doctors over an
extended period of time and was magnifying his symptoms
concerning his head injury

Electrocution:

• Trenton vs. ____ (Iowa 2004). A settlement of $1.5 million was
obtained for a young boy who had been burned in approximately
1995. The claim was predicated on the fact that the power
company in making installation of the power line stretched and
pulled the parents electrical lines at the house, causing a short
which caused an electrical fire in the garage when the young child
was in the garage.

• Bingham, et al. v. Television Engineering Corp., et al. (Polk
County 2000) – Bingham, a Channel 5 newscaster, raised an
antenna on a TV van into a power line resulting in severe
electrical burns to him and a co-worker. Suit was filed against the
maker of the van for failing to have a proximity warning device on
the antenna to warn of the power lines. Suit was also based upon
failure to insulate the van and for other safe guards which would
have prevented the electrocution.Bingham suffered severe burns
to his arms and chest from the electrocution.

Suit was settled for a substantial confidential amount before trial.

Defective Product:

• Wyndham vs. ____. A settlement of $1.5 million was reached
after a two week trial in federal court in Omaha. An exploding
railroad shock absorber spewed flaming gases over client
resulting in severe burn injuries. The claim was predicated upon
defective design of the shock absorber. The defendant claimed
that the injured worker was himself at fault for the exploding shock
absorber.

• Daleske v. Farmland, et al. (Story County, Iowa 1996)– Daleske
was working in a grain bin and fell into an unguarded auger. He
lost one leg and his scrotum. Suit was filed against Farmland for
failure to provide guards for said auger.

After suit was filed but before trial, a substantial confidential
settlement was obtained.

Insurance Bad Faith:

• McDaniel v. Insurance Company (Iowa 2005). A settlement of
$275,000 was reached concerning the bad faith conduct of an
insurance company who refused to fairly adjust McDaniel’s
workers compensation case. McDaniel suffered an injury when he
was kicked in the face by a domestic animal resulting in severe
facial damages. The company refused to pay permanent partial
disability benefits

• Otto v. Royal Insurance Company (Federal Court 1997) – Otto
suffered a work-related knee injury. Her treating doctor
recommended knee surgery but Royal Insurance refused to pay
for the surgery. Two other referring doctors also recommended
knee surgery to which Royal Insurance also refused. Because of
the lack of knee surgery, she was eventually confined to a
wheelchair. In a related action she won her worker’s
compensation claim and filed suit for Royal Insurance’s bad faith
failure to authorize necessary medical care and
treatment for the knee surgery.

After suit was filed, a very substantial confidential settlement was
reached against Royal Insurance.

Railroad:

• Kirkland v. Soo Railroad – Kirkland was a passenger in a vehicle
driven by his cousin who attempted to cross a railroad crossing
that had no electric signals and was struck by a train. Suit was
filed against the railroad company for its
failure to warn and to have adequate lighting.

A substantial confidential settlement was reached before trial.

Dram Shop:

• Client vs. Dram (Iowa 2003). A settlement was reached in this
dram shop case for $750,000 when a patron who consumed
sufficient alcohol to reach a level of .188 struck the victim as she
was entering the building.

Business Litigation:

• Client v. Lessor (September, 2004). A settlement of $77,500
was reached concerning the parties’ dispute over the terms of a
lease agreement. Plaintiffs alleged that the landlord had agreed
that clients could purchase said property if it needed to expand its
business or be able to terminate the lease.

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