Family of Deceased Race Car Driver Recovers $7.5 Million for Defective Nitrous Oxide Cylinder
Settlement Amount: $7.5 million
Participating Attorneys: James A. Roberts, III and Matthew D. Quinn
Lewis & Roberts recently resolved a tragic case involving the death of a newlywed young man as the result of a high-pressure DOT cylinder that exploded.
The decedent was 21 years old and worked as a mechanic, along with his father, at his father’s automobile repair shop. The decedent and his father had been involved in the sport of drag racing for a number of years. It was customary for persons involved in drag racing to use a gas known as nitrous oxide to provide a significant horsepower boost to gasoline engines.
The defendant sold nitrous oxide to persons involved in the racing industry. The nitrous oxide was sold in large cylinders which the defendant leased to customers. These cylinders are commonly known as DOT cylinders, DOT 3AA-2400 cylinders or high-pressure cylinders. These cylinders are highly regulated by the U.S. Department of Transportation and must undergo regular requalification testing to ensure that the cylinder does not contain defects.
When customers purchase nitrous oxide from the defendant, they were required to sign certain terms and conditions of sale which purported to release the defendant from liability in the event of death or serious personal injury.
The cylinder in question was manufactured in 1979 but had been tested and requalified for use by the defendant in 2017. The cylinder contained a warning label which stated: “DANGER: CONTAINS GAS UNDER PRESSURE: MAY EXPLODE IF HEATED.” Our clients alleged that it was common practice in the racing industry to apply heating pads to cylinders to facilitate the transfer of nitrous oxide into smaller bottles which were attached to the race car.
At the time of the accident, the decedent had attached a heating pad to the cylinder and was in the process of transferring nitrous oxide into a smaller bottle. As the decedent was transferring the nitrous oxide, the cylinder violently exploded, dismembering the decedent and killing him instantly. The decedent’s wife, father and stepmother were in the mechanic shop at the time of the explosion but did not suffer bodily injuries.
The plaintiffs argued that the interior of the cylinder contained substantial amounts of rust which violently reacted with the nitrous oxide when the cylinder was heated. The plaintiffs further argued that a reasonable and proper inspection of the cylinder in 2017 required that the rust be discovered and cleaned out of the cylinder.
The defendant argued that the decedent was contributorily negligent by failing to heed the warning label attached to the cylinder stating that the cylinder may explode if heated. The defendant also argued that the plaintiffs’ claims were barred by the terms and conditions of sale.
To win the case, Lewis & Roberts retained numerous experts in fields ranging from metallurgy to thermodynamics, accident reconstruction, human factors, economic, and other fields. Ultimately, Lewis & Roberts secured for the family a settlement of $7.5 million.
This was an extremely difficult and hard-fought case. Lewis & Roberts’s litigation skills, including our ability to identify and retain an impressive team of experts, enabled us to obtain an excellent result for the decedent’s family. If you or a loved one have been injured, and you would like Lewis & Roberts to put this experience and know-how to work for you, please contact our office for a fee consultation.