Couple names Coleman, Walmart in suit over burns allegedly caused by torch/cylinder failure

By Jenie Mallari-Torres | Jan 31, 2019

SAN FRANCISCO – A California man alleges the failure of a propane cylinder and a torch caused burns on 30 percent of his body.

Taos Proctor and Kelly Proctor filed a complaint on Jan. 14 in the San Francisco County Superior Court against Worthington Cylinder Corp., The Coleman Co. Inc., Walmart Inc., Dignity Health and Does 1-100 alleging negligence, strict products liability and other counts.

According to the complaint, Taos Proctor purchased a Worthington Cylinder/Coleman Co. propane cylinder and a Worthington Cylinder bernzomatic torch from Walmart in August 2017.

The suit states on Jan. 16, 2018, Taos Proctor was using the cylinder and torch in the manner intended to light a woodburning stove in his home when they failed. The suit states a crack developed in the top of the tank where the valve attaches and flames came from this crack, catching his clothes on fire. He alleges he suffered third-degree burns over 30 percent of his body as a result.

The plaintiff alleges he was under the care of Dignity Health for his burns and that it provided negligent care.

The plaintiffs hold Worthington Cylinder Corp., The Coleman Co. Inc. and Walmart Inc. responsible because the defendants allegedly designed, manufactured and sold equipment unsafe for its intended use and failed to warn consumers of the product's safety defects. 

The plaintiffs request a trial by jury and seek judgment against defendants for general damages, expenses, loss of earnings, interest, costs of suit, attorneys' fees, and further relief as the court deems just. They are represented by David R. Shoop and Thomas S. Alch of Shoop APLC in Beverly Hills and David Bricker of Thornton Law Firm LLP in Beverly Hills.

San Francisco County Superior Court case number CGC-19-572759

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San Francisco Superior Court Shoop | APLC

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