Case Facts

THE OTHER SIDE OF THE STORY
THE BARBECUE GASOLINE CASE

The Claim: A Miami woman who used cocaine and alcohol and splashed herself with gasoline was awarded $250,000 after she was severely burned trying to light a barbecue.

The Truth: This "horror story" omits key facts:

Magdelin Arias, a newspaper carrier, went to a late-night barbecue in 1986 at the home of Aleida Verdasco. Since the can of lighter fluid was empty, the participants decided to siphon off some gas from a car in order to light the coals, which were set in a concrete block-style pit. While siphoning the gas, some of the liquid spilled on Arias -- a fact known by Verdasco.

Back at the pit, Verdasco lit a piece of paper in order to start the barbecue. She then handed the lit paper to Arias. The flame quickly caught the gasoline on Arias' hand and spread across her body. Arias suffered second and third-degree burns on almost 25 percent of her body. She spent over two weeks in the hospital. Permanent scars remain on her stomach and legs.

Though tests conducted on Arias showed she had alcohol and cocaine in her system the night of the incident, there was no indication or evidence presented that demonstrated these items had any role in this tragedy.

The six-member jury valued Arias' injuries at $500,000. Because they also found Arias 50 percent responsible for what happened to her, the damages were lowered to $250,000. Verdasco's homeowners insurance was expected to cover the award. It has even been reported that the two parties remain friends to this day.

Far from being a "crazy" award, this case was correctly decided -- the defendant was negligent, and the plaintiff's award was lowered based on her contributory acts.

Cite: Arias v. Verdasco, No. 87-17121 29, 1989 WL 387463 (Dade County Cir. Ct. Jan. 3, 1989)

Article Reprinted with Permission from
American Association for Justice

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