LOS ANGELES, March 10, 2021 /PRNewswire/ --
Submitting Party: David R. Shoop, Esq of SHOOP | APLC for Plaintiffs, Taos Proctor and Kelly Proctor
Case Name and Number:
TAOS PROCTOR And KELLY PROCTOR, Plaintiffs,
WORTHINGTON CYLINDER CORPORATION; THE COLEMAN COMPANY, INC.; WALMART INC, and DOES 1 through 100, Inclusive, Defendants.
United States District Court, Northern District of California, San Francisco Division, Case No. 3:21-cv-00059-JD
Originally filed in the Superior Court of the State of California for the County of San Francisco, Case No. CGC-19-572759
Complaint Filed: January 14, 2019
Judgment Amount: $1,100,002.00; Consisting of $1,050,001.00 in favor of Plaintiff, Taos Proctor, and against Defendants, Walmart Inc.; Worthington Cylinder Corporation; and The Coleman Company, and $50,001.00 in favor of Plaintiff, Kelly Proctor, and against Defendants, Walmart Inc.; Worthington Cylinder Corporation; and The Coleman Company.
Taos Proctor suffered second degree burns as a result of a propane canister that exploded. The canister was purchased at Walmart and was manufactured by Worthington Cylinder Corporation, under the Coleman brand name. The Proctors used the 16-ounce Coleman propane canister with a Bernzomatic torch to light the family's woodburning stove during the winter. On January 16, 2018, Mr. Proctor was lighting his family's woodburning stove to heat their home on a cold morning. The tank suddenly exploded sending a ball of flame in the air, causing second degree burns to Mr. Proctor.
Plaintiffs argued that there were brazing gaps in both the main valve and pressure relief valve, including approximately 135 degrees of missing brazing around the circumference of the pressure relief valve. Plaintiffs plead causes of action for Negligence (under which Negligence Per Se is subsumed), Strict Products Liability, Failure to Recall/Retrofit and Breach of Implied Warranty.
Mr. Proctor suffered second-degree burns to his back and left lower leg, and Mr. Proctor's wife suffered loss of consortium and negligent infliction of emotional distress damages.
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SOURCE Shoop | A Professional Law Corporation