Kansas Gas Line Product Liability Settles, Amount Undisclosed

A fire extensively damaged the Great Plains Theatre in Kansas, owned by the Great Plains Theatre Foundation, Inc. and Great Plains Theatre Festivals Company. Investigators determined the blaze originated near a gas fireplace due to an electrical arc creating a hole in a flexible corrugated stainless steel tubing (CSST) gas supply line, igniting escaping natural gas. The CSST was manufactured by Ward Manufacturing, L.L.C.

The theatre owners filed a product liability lawsuit against Ward Manufacturing, L.L.C., in the U.S. District Court for the District of Kansas. They asserted claims of strict liability, breach of express and implied warranties, and negligence, alleging the manufacturer failed to warn of dangers associated with the product. As a result of the fire, the plaintiffs sought monetary damages for the destruction of the building, loss of contents, and loss of income.

The defendant denied the allegations and raised affirmative defenses, including contributory negligence, failure to follow installation instructions, failure to mitigate damages, and claims barred by the sophisticated user and learned intermediary doctrines. The parties later filed a stipulation for dismissal of the action with prejudice.