Kreisman Law Offices Professional Corporation
A BP gas station was having its above-ground storage tank filled with gasoline by a petroleum company and its driver. David Cowles, 61, was the delivery driver for a petroleum company filling the storage tank at the BP gas station when one of the tanks overflowed. The gasoline vapors ignited and a massive explosion erupted. Cowles suffered second and third-degree burns, including severe burns to his arms. He was hospitalized for weeks in a burn unit and required multiple debridement and skin-graft surgical procedures.
Cowles filed a lawsuit against the company that owned the gasoline station, claiming that it had chosen not to use an accurate method for measuring its gasoline inventory. Usually underground gasoline tanks are measured by a long stick inserted in the tank opening to determine the gasoline levels.
During the discovery process of the case, Cowles learned that the gas station calculated its inventory using “net volume” method, which is used in the industry for purchasing gasoline; it is determined by the volume of gas at 60 degrees Fahrenheit. Gasoline expands with heat.