Flynn Law Firm

Burned man sues mini-mart, butane suppliers for $11 million over do-it-yourself hash oil explosion

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In a lawsuit that appears to be the first of its kind in the nation, a man who was burned over half of his body when he tried to make a batch of hash oil in his burned over half of his body when he tried to make a batch of hash oil in his million lawsuit faulting the store that sold him the butane necessary for his do- )
it-yourself project.

Kevin Tveisme’s lawsuit blames the importers, the distributors and the Shell mini-mart on Southeast Foster Road that sold him the butane, alleging that they failed to warn that butane vapors are highly explosive, especially in enclosed spaces such as a garage, and that other people who have tried to make hash oil with butane have been badly burned or killed.

The lawsuit, filed Wednesday in Multnomah County Circuit Court, is unprecedented in the U.S., said Jonah Flynn, the Atlanta attorney representing Tveisme.

But hash-oil explosions are not: The list of people who have ended up seriously hurt or dead after flash hash oil explosions been growing in recent years.

Hash oil has become popular in the past five years and contains a particularly potent concentration of THC. It can be made by using butane to extract THC from marijuana. It’s then smoked, ingested or vaporized to achieve a high.

But the production process can be quite dangerous — with butane vapors suddenly igniting from a single spark or flame in a water heater or furnace, blowing off rooftops and literally melting the skin off bodies.

The May 27, 2013, blast that injured Tveisme, who was in his late 20s, also killed his longtime friend, Joseph Westom, who was burned over 90 percent of his body.

Westom, 35, died 18 days later. Westom’s estate has not filed a wrongful death lawsuit.

Tveisme suffered burns over 50 percent of his body, most of them were full-thickness burns, also known as third-degree burns. He was in a medically induced coma for six weeks and underwent 11 surgeries. His right index finger was amputated.

His medical bills have topped $1 million. And he wasn’t able to work for 16 months after the explosion, according to his suit.

At the time, Tveisme was an Oregon medical marijuana cardholder – he said severe pain was his qualifying reason. His lawsuit states that he was legally allowed to use marijuana to make hash oil.

Oregon law prohibits people who aren’t medical marijuana cardholders from producing hash oil. That will all change sometime after January 2016, however, when the Oregon Liquor Control Commission starts accepting applications from non-cardholders to make hash oil, said commission spokesman Tom Towslee.

In May 2014, about a year after the explosion, Tveisme reluctantly spoke to The Oregonian/Oregonian he was subjecting himself to public ridicule, but saying he wanted to warn the public about the dangers of the hash oil-making process. He said that he had researched how to make it on YouTube, and no one in the videos said it was dangerous.

Tveisme bought the butane from the Shell gas station’s mini-mart at 12155 S.E. Foster Road. It was bottled in canisters under the “Power 5X” name. A description on Amazon.com doesn’t state its use, but commenters in a Q&A section wrote they use the product in butane torches and cigarette lighters. Tveisme’s attorney said Power 5X’s distributors market it to websites and stores that sell marijuana paraphernalia as a product that can be used to make hash oil.

Flynn said the company advises caution in refilling lighters, but has failed to warn about the dangers of the hash oil-extraction process, he said.

“I appreciate that they put on there ‘Don’t overfill your lighter,’ but one of those cans is enough to fill up your lighter for five years,” Flynn said. “It’s a wink and a nod. They know and everybody else knows that this product is used for the manufacture of butane hash oil. It’s not a secret.”

The lawsuit states that the butane is odorless and can unknowingly travel a large distance. When Tveisme’s home furnace clicked on, his garage burst into flames, his suit says.

“You have to adequately warn of the hazards and dangers of your product in this country,” Flynn said.

All of the defendants listed in the lawsuit either declined comment or could not be reached for comment. They are: PacWest Energy, Jackson’s Food Stores, Equilon Enterprises, Shell Oil Products US, Hai Chheng Gov, Hai’s Shell Station, Hai’s Shell #2, Vision International Petroleum, LPC Petroleum, Kimhong Leang, Global Lion, BK Power Imports and Bosco Kwon.

Portland attorney Scott Kocher is representing Tvseime along with Flynn.

Burn victim in Astoria explosion sues butane hash oil makers

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A construction worker who spent a month in a Portland burn unit after being injured in a butane-fueled explosion in Astoria last fall has filed a lawsuit against the company that made the cannabis extract, the property owner and the company that sold the flammable gas used to make the product.

Jacob Magley, 34, of Portland is suing 11 businesses and three people for violations of workplace safety laws. He filed the suit in Multnomah County and is seeking $8.9 million in damages.

Magley was working as a contractor in the building when it exploded. The suit claims the company making the extract failed to keep butane from filling the room. He says the facility lacked adequate ventilation and exit routes, automatic sprinklers and gas detectors among other safety features.

According to the suit, he was not given fire retardant clothing or other protective equipment and was not warned about the dangers posed by butane.

Magley claims that Jason Oei, one of those named in the suit, consumed cannabis oil in a technique called “dabbing” while William “Chris” West handled butane. Magley alleges Oei’s dabbing caused the explosion, which rocked the building on Oct. 19. West, too, was injured in the blast.

Amy Margolis, a lawyer for the pair, declined to comment Monday.

Making hash oil using butane can be dangerous. For years, the activity was unregulated and underground, carried out by home producers who often misunderstand the risks. The gas, a cheap and flammable solvent, is used to extract tetrahydrocannabinol, or THC, from marijuana flowers and leaves.

It can quickly fill an enclosed space, where something as ordinary as a pilot light can ignite a fireball.

The dangers led to a new state law that makes unlicensed production of marijuana extracts a felony. The provision is intended to target homemade butane hash oil operations and not commercial operations, which are regulated by the state.

Clatsop County authorities launched a criminal investigation into the explosion. That inquiry is pending. An official with Oregon OSHA, an agency whose mission is worker safety and health, said Monday that its investigation also is ongoing.

Meanwhile, Oei and West are have applied for licenses to produce and process marijuana for the recreational market, said Mark Pettinger, a spokesman of the Oregon Liquor Control Commission.

Pettinger said the agency is not processing the application until outside agencies complete their investigations. The outcome of those investigations could factor into whether the state issues a license, he said.

Magley’s lawyer, Jonah Flynn, of Atlanta, Georgia, said Monday that his client suffered burns on his upper torso and that emergency workers arrived to find his skin “falling off.”

The episode has caused Magley lasting trauma, his lawyer said. “He’s having a hard time,” he said.
Flynn said Astoria Trading Co. is the parent company of Higher Level Concentrates, which at the time of the blast was on the Oregon Health Authority’s list of state-authorized marijuana processors.

Flynn, a personal injury lawyer, also represented a Gresham man severely burned in a 2013 butane hash oil blast that killed his friend. That suit has been “resolved” and dismissed, Flynn said, adding that the terms of the resolution are confidential.

— Noelle Crombie

ncrombie@oregonian.com

503-276-7184;  @noellecrombie

Propane Explosion Which Killed Edgar Brummett of Sautee Nacoochee Was Entirely Preventable

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NPGA Gas Check Program

The propane explosion which killed Edgar Brummett  of White County, Georgia was entirely preventable. According to published reports, the Georgia Propane Explosion was caused by a propane leak at a home in the Mt. Yonah Scenic Estates. A day prior to the explosion, the homeowner called the local propane gas supplier to report a leak, and also to report unusual propane usage over a short period of time…..strong evidence of a leak in the propane gas system. The propane company ignored, or, according to published reports, “disputed” the homeowners call about a leaking propane gas system and possible propane gas leak.

For decades, the National Propane Gas Association (NPGA) has known about the dangers of gas leaks and the need to properly and thoroughly inspect a propane gas system when a customer reports a leak, gas service is initiated, or there is a change in tenancy at the property. As noted in the document below, in 1985, the NPGA developed and implemented its “GAS Check” program. The GAS Check program was an industry wide effort to reduce (or, eliminate) residential propane accidents. This was done with consumer and dealer education, and detailed propane dealer training. The Gas Check Program works to prevent propane explosions by provider rules and guidelines for:

  • Leak checking a customer’s entire propane system
  • inspecting an LP gas tank, piping, regulator, gauges, connectors, valves, vents, thermostats, pilots, burners, and appliance controls.
  • Informing the customer of worn or damaged equipment (and red tagging a propane system when such equipment is found)
  • Familiarizing customers with the odor of propane and the limitations of the propane odorant, ethyl mercaptain, which may diminish or “fade.”

Generally, on an “out of gas” call, a GAS Check system inspection should be performed. It would have prevented the death of Emmett Brummett.

 

 

Propane Explosion in White County Kills Edgar Brummett

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A propane explosion in White County, Georgia killed Edgar Brummett. Mr. Brummett was at his grandson’s house in Sautee Nacoochee, Georgia, potentially investigating a suspected propane leak. Apparently, the 120 gallon ASME propane tank had been filled in December, and was already “out of gas” despite low use.

Suspecting an obvious gas leak, the homeowner apparently called the propane company, reported a gas leak, and the propane disputed the homeowners call. An “out of gas” call from a homeowner reporting a leak is a big, big deal in the propane world, and the local propane distributor (Tugalo gas) absolutely had a duty to red-tag the propane system and conduct a full system leak check AND pressure check pursuant to NFPA 58, the LP gas code.

The propane industry has known, for years, of the dangers and hazards of an “out of gas” system and a homeowner report of a leak. Often after accidents such as the one in Sautee Nacoochee, the propane company will be on the scene of the accident within hours, gathering propane samples to determine if the gas was adequately odorized and determining whether the system was up to code.

NFPA 58-LP Gas Code

Alabama Colonial Pipeline Blast Kills One, Injures Five

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A trackhoe operated by an outside contractor punctured a portion of the Colonial Pipeline in Shelby, Alabama, causing a massive fuel-fed explosion, killing one and sending six to the hospital. The trackhoe was apparently excavating over the pipeline during repair work related to a previous leak which occurred two months ago.

The Colonial Pipeline Explosion has caused fuel shortages up and down the east coast, and caused gas prices to rise. Atlanta based Colonial Pipeline has been cited twice by federal investigators since September by the Pipeline and Hazardous Materials Safety Administration. Pipeline safety remains a serious problem, as shown by the recent Alabama pipeline explosion .

Gas Can Explosion Injures Two in Dunbar West Virginia

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Two people–a father and a son—were injured last week in a tragic gas can explosion. Heath Grayley and his 5 year old son Kyler were severely injured when a gas can exploded. According to published reports, neighbors heard a loud “boom” which sounded like a bomb.

Gas can explosions are entirely preventable through the use of a flame arrester. Flame arresting technology has been around for centuries.

Jonah Flynn is a gas can explosion lawyer who has collected millions on behalf of gas can explosion victims.

JCG Feed Mill In Rockmart, Georgia Explodes, Killing One

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On February 7, there was a massive explosion at the JCG Feed Mill in Rockmart, Georgia, killing one. Eight people were inside the mill when it exploded. Those injured include 19-year-old Dallas Holcombe, who was injured trying to rescue co-worker Tyler Morgan. Morgan remains in critical condition. Randy Dodd, James Lentz, and a third unidentified man all remain hospitalized.

Rockmart.jpg

Initial reports indicate the JCG Feed Mill explosion could be heard up to a mile from the plant, indicating that this was a massive explosion. Because this explosion involves a workplace death, OSHA will investigate the cause of the explosion and, more likely than not, issue citations to the controlling employer of the feed mill.

JCG Feed Mill was purchased by Koch Foods in 2013, after the bankruptcy of Cagle’s, Inc. The Feed Mill was used to support Koch Foods poultry operations in Georgia.

Feed mills like the JCG Mill are often prone to grain explosions, particularly if the mill or its silos do not contain adequate deflagration venting or dust collection devices. The grain handling industry is considered by OSHA to be a high hazard industry. Over the last 35 years, there have been over 500 explosions in grain handling facilities across the United States, which have killed more than 180 people and injured more than 675. Grain dust is the main source of fuel for explosions in grain handling. Grain dust is highly combustible and can burn or explode if enough becomes airborne or accumulates on a surface and finds an ignition source OSHA standards require that both grain dust and ignition sources must be controlled in grain elevators to prevent these often deadly explosions.

PeroxyChem Plant Explosion in Pasadena Texas Kills One, Injures Three

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On Saturday, January 16 the PeroxyChem Plant in Pasadena Texas exploded, killing one and injuring three others. The origin of the explosion, according to initial reports, was a storage tank used to store cleaning solution. One witness sitting in his truck outside the plant stated he felt the explosion vibration in his chest. Initial reports indicate that a contractor’s equipment exploded because it had been over pressurized.

Explosion at Zodiac Cabin in Newport Washington Leads Massive Fine

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A workplace accident at Zodiac Cabin & Structure Support in Newport, Washington in July of 2015 has led to a massive 1.3M fine. Seventeen Workers were injured in the flammable vapors explosion at the aerospace plant after a defective curing oven (which should not have been in service) exploded.

Washington’s Department of Labor and Industries issued 17 willful violations and 18 serious violations for Zodiac’s failure to require safety interlocks and safeguards to ensure curing ovens were used safely.

In Washington, employers may be liable in tort for injuries to their employees if the employer is found guilty of intentional negligence. In Birklid v. Boeing, “intentional injuries” were broadened to include injuries where the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge. Employees may, under certain circumstances, bring a civil action against their employer in Washington. Such an action could be an option to the Zodiac workers involved in the July 2015 explosion.

Gas Can Explosion / Water Heater Explosion Lawsuit Settled

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The Flynn Law Firm is pleased to announce the settlement of a Blitz gas can explosion and water heater explosion lawsuit filed in Dougherty County, Georgia which was recently featured in the Fulton County Daily Report.

Gas Can Water Heater Explosion Settlement – FCDR.pdf

On July 1, 2009, Jessica and Jeremiah Fenn leased a home from Jason Lawson and Lawson Investments in Albany, Georgia. The home was a traditional ranch house with no garage. It did have, however, a utility room that housed the washing machine, dryer, and a water heater manufactured by American Water Heater Company in 1998. Because there was no garage to store lawn equipment or gas cans, the Fenns stored those items in the utility room.

On the night of July 24, 2009 the Fenn children, after being put to bed, got up and made their way to the utility room of the home, apparently looking for their mother. There were two 2.5-gallon gas cans manufactured by Blitz U.S.A. stored in the utility room, one of which was knocked over by one of the Fenn children. The Blitz gas cans, unfortunately, were initially equipped with childproof caps that fell off the cans shortly after purchase in 2008. The AWHC water heater in the utility room was equipped with a defective “open pilot/open burner” system, which, because the water heater was not elevated (in violation of local building codes), was mounted within the device at floor level. Once the gas can without any cap on the spout was tipped, an explosive vapor/air mixture formed in the utility room which was ignited by the pilot and/or burner on the AWHC water heater. This lead to a low order explosion, severely burning the Fenn children
Prior to 2002, water-heaters used an “open pilot, open burner” design which left the pilot and burner of the device exposed to flammable vapors. After 2002, the water heater industry changed its design to include a flame arrester covering its pilot and burner to prevent the explosion of flammable vapors. In order for a gas-fired “open pilot, open burner” water heater to actually heat the water in its tank, the water heater must take in air from its base, often two inches from the ground, and pass the air directly over a pilot flame. Flammable liquids (such as gas) give off flammable vapors that are generally heavier than air. These vapors sink to the ground and when the water heater is functioning normally, will be sucked in by the water heater when it draws in combustion air. The vapors are then ignited, and the resulting fire can cause substantial burn injuries to those in the vicinity of the water heater.
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