Defense Verdict After Four-Day Jury Trial

John E. Tull III and R. Ryan Younger, along with Michael McMullen and Jennifer Cheek of Schlee, Huber, McMullen & Krause, obtained a defense verdict for their clients, Ferrellgas, LP and Ferrellgas, Inc. (“Ferrellgas”), after a four-day jury trial in May 2015.  The case concerned a leak from a propane storage tank at an industrial plant in Malvern, Arkansas.  The leak occurred while the tank was being filled by Ferrellgas.  When the leak could not be stopped immediately, the contents of the storage tank were “burned off,” during which time the surrounding area was evacuated by emergency management personnel.  The evacuated area included a facility owned by Pactiv, LLC (“Pactiv”), which manufactures foam trays.  Pactiv allegedly ceased production for two days and claimed that it was unable to make up the production it lost.  Pactiv claimed that it suffered in excess of $5 million in economic losses and filed suit against Ferrellgas, alleging strict liability and negligence.  After 20 minutes of deliberations, the jury unanimously found in favor of Ferrellgas.