De Luz v. Thermos Co.

This products liability case arose from the defective design of a propane BBQ manufactured by the Thermos corporation.  Specifically, plaintiff alleged that the Thermos corporation’s design of the subject BBQ was defective in that it did not include a “quick-disconnect” valve.  A “quick-disconnect” valve is designed to prevent the escape of gas from the propane tank if there is not a positive seal between the tank and the hose.  The subject BBQ was manufactured in the late 1980’s and the “quick-disconnect” technology had been available since the 1960’s.  On the date of the accident, Plaintiff was cooking hamburgers on the grill when the flame went out.  She attempted to re-light the grill but was unable to do so.  She brought the grill into her garage and attempted to disconnect the hose from the tank so that she could have the tank re-filled with propane.  Unfortunately, she had turned the wheel handle valve to the fully-open position; rather than the “fully-closed” position.  Thus, when she disconnected the hose from the tank, propane began spewing out.  She attempted to screw the hose back onto the tank but she was unable to do so as the threads on the tank were reversed (and she had forgotten this as she was panicking due to the large amount of propane escaping).  Unfortunately, there was a nearby gas dryer in operation at the time.  Since propane is heavier than air it traveled along the floor of the garage and exploded upon contact with the flame of the dryer.  This resulted in severe burns to plaintiff.  In fact, over 20% of her body was covered with second degree burns. 

At trial of the matter, Plaintiff argued that a “quick-disconnect” valve would have prevented this incident as no propane would have been allowed to escape once the hose was disconnected from the tank.  Defendants argued that the BBQ was not defectively designed as “quick-disconnect” valves were not routinely placed on BBQ’s in the 1980’s.  Defendants also argued that Plaintiff was responsible for this incident because she disconnected the hose from the tank while in the garage with a dryer going.   Plaintiff hired Al Bullerdiek to testify as to why the “quick-disconnect” valve would have prevented the accident and why the BBQ was defective in design due to its lack of a quick-disconnect valve.  Plaintiff also had John Hansborough, M.D. testify as to her burn injuries.  Defendants were represented by Peter Garchie, Esq. of Lewis, D’Amato, et al. 

On a vote of 12-0 the jury found that the BBQ was defective in design and that it should have been equipped with a “quick-disconnect” valve.  They also awarded Plaintiff a $500,000.00 gross verdict.  It should be noted that this is the first and only time that a jury has found these types of BBQ’s defective.

Home | attorneys | about us | practice areas | case results | contact us | resources | case evaluation | sitemap
    The attorneys at Estey and Bomberger serves the following San Diego locations: Alpine, Bonita, Camp Pendleton,
Cardiff by the Sea, Carlsbad, Chula Vista, Coronado, Del Mar, Downtown San Diego, El Cajon, Encinitas, Escondido,
Imperial Beach, La Jolla, La Mesa, Lemon Grove, National City, Oceanside, Poway, Ramona, Rancho Bernardo, San Marcos, Santee, Solana Beach, Vista all areas in San Diego County. We also serve Riverside,
San Bernardino, Orange County, Los Angeles and all of California..

   Legal Disclaimer: The information on this site should not be construed as formal legal advise nor the formation of an attorney client relationship. This San Diego attorneys website also contains links to other websites. The inclusion of such links does not constitute referrals or endorsement of any of the linked entities.