NAPLES — A trio of lawsuits filed in the past year seeking damages related to a 2011 gas explosion at Mangrove Cafe in downtown Naples could just be the first wave of filings that contend a local propane company was negligent at the time of the explosion.
A fourth suit hoping to block insurance payouts has been filed in federal court.
William McCauley filed suit in Collier Circuit Court in April against Heritage Operating LP, doing business in Naples as Balgas, and Thomas Smith, a Balgas propane employee. The suit contends both the propane company and Smith were negligent at the time of the accident. That negligence, the suit goes on to say, directly led to the explosion and McCauley's injuries.
McCauley was a chef at Mangrove Cafe, 878 Fifth Ave. S., in January 2011 when the propane explosion occurred. Fire officials at the time said they believe the large fireball that blew out windows, knocked down walls and detached the roof of the restaurant was triggered by a propane leak erupting next to a car.
McCauley was one of three people injured. Smith and Donald Kingston, a beer distributor, also were injured.
Kingston on May 8 filed a similar negligence suit in Collier Circuit Court against Balgas and Smith. That suit, much like McCauley's, contends negligence directly led to Kingston's injuries.
Both suits allege the propane company didn't properly train Smith. That improper training led to Smith failing to remain in attendance while the propane transfer occurred and to make sure all of the ignitions were turned off.
They also state Smith didn't possess the knowledge, training or experience needed to dispense propane.
McCauley's suit goes on to say he suffered bodily injury, pain and suffering that is "either permanent or continuing" and will lead to future losses.
Kingston's suit takes his injuries a step further.
Deborah Gander, the Coral Gables-based attorney representing Kingston, said he has "severe burns and a brain injury that left him completely unable to care for himself."
Gander said the firm is seeking substantial damages on behalf of her client, but wouldn't specify an amount.
Sharon Hanlon, the Naples-based attorney representing McCauley, said the decision to sue the propane company instead of the restaurant was because there was no information "that the restaurant did anything wrong."
While McCauley's and Kingston's suits deal with negligence resulting in injury, Hanlon said recently she expects Mangrove Cafe employees to follow their lead and sue the propane company for lost earnings.
One such suit already is out there.
Les Zablaskai, a former Mangrove Cafe employee, in June 2011 filed suit alleging Balgas was negligent at the time of the accident. That negligence, the suit contends, led to "a loss of employment opportunities, loss of past and future employment income and fringe benefits, humiliation and noneconomic damages for physical injuries, mental and emotional distress."
Zablaskai's attorney, Benjamin Yormak, declined to comment on the suit but said he believed the court filings speak for themselves.
Sharon Jacobs, the regional manager for Balgas of Naples, said she couldn't comment on pending litigation.
A fourth suit is also pending.
North Pointe Insurance Co., the beer distributor's insurance company, in March filed suit in U.S. District Court in Fort Myers. That suit seeks declaratory relief against seven companies or individuals — including Balgas, McCauley, Smith and Kingston.
Michael Packer, a Fort Lauderdale attorney representing the insurance company, said he couldn't comment on pending litigation.
But according to the suit, the insurance company is looking for a judge to declare that parties involved in the explosion cannot file an insurance claim with North Pointe. According to the suit, the policy "specifically excludes coverage for claims of 'bodily injury' or 'property damage' arising out of the ownership, maintenance, use or entrustment to others of an auto owned, operated by or loaned to an insured."
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Comments » 25
angrytxpyr writes:
Oh for CRYING OUT LOUD will there ever be an end to the "I did nothing wrong" syndrome that plagues this country and its citizens.
Bottom line is the gas leaked out of the connection between the truck and the tank, the gas accumulated down wind inside the rear entrance, dinning area and kitchen of the restaurant. When it found an ignition source at the pilot light of the oven it ignited and blew the place up. The driver of the truck apparently did not make a proper connection to the tank he was filling or the equipment was damaged and he then probably walked away from the operation for some reason not yet disclosed otherwise he would have to have been deaf, blind and without a sense of smell not to notice the gas leak.
Did Balgas send an imbecile out on this very dangerous job? Did they go over the procedures and rules for refilling propane tank with the driver? Did they document all the training the driver supposedly got? Just what did the driver find to be more important than making sure he didn't cause just what happened?
I don't know exactly how the running car became the ignition source for this event but I do know there was a 2-4 mph prevailing wind coming from the West and the car was parked on the west side of the propane truck, doubt it look at the pictures and pull up the weather for that day.
If the car ignited the gas there would be clear and distinct burn marks on the car, the building and all over the side of the propane delivery truck with significant damage to the fill hose and connection at the propane tank. There was none of that. The explosion and fire originated in the kitchen area of the restaurant and blew the windows out and the roof off.
Oh I just checked my notes and see that I wrote down that Steve, Mac & Ernie(he was second fiddle to the police Chief then)was the Fire Official who speculated that the running car was the ignition source. It could not have possibly happened the way Ms. McEnerny describes. Well Steve I guess you were just wrong about that now weren't you little guy!!! Don't believe me then contact the State Fire Marshall and request an investigation, they have a pretty sharp safety investigator on staff that can set you straight.
Not that it matters at this point but if the 27 year fire service veteran did say the car was the ignition source and my information about the wind direction is correct it would be easy to conclude that Steve McEnerny is incompetent and unfit to perform the duties of even the lowest level fire investigator let alone the duties and responsibilities associated with being the director of a Fire Department of any size or capabilities. I guess he must have spent those 27 years buying support with TAXPAYER money and proposing big and shiny spending projects all while kissing the correct butts to get ahead, thats what he does so well now. Why didn't Steve McEnerny get the job as Chief at his last gig? Yet another loser in Boss Moss's stable has been exposed.
gotero writes:
Ahh - A fired fireman or a spokesman for the Union.
FlaBlkPanther writes:
Angry, were you there when it happend?
How do you "prettend" to know so much?
Get lost.
FlaBlkPanther writes:
Angry, you blog and blog....no one cares what you have to say. I will say this, someone is feeding you from the Fire Dept. All you crying isn't helping your case against the dept so SHUT THE *&&^ UP!
CarpeVeritas writes:
Regardless of the heated exchange above, I'm glad that those injured are taking Balgas to court.
They, and all at Mangrove Cafe, can say they did nothing wrong.
angrytxpyr writes:
Apparently you care enough to notice. Such kind words of encouragement from yet another City hack.
FYI I have no case against the "dept" or anybody for that matter but you seem to be following me and what I throw out for my one or two fans to look and vomit their lunch over so I guess your now just another fan.
Why is that little black kitty? So demanding and rude my loyal reader so I have to wonder just why is it if "no one cares what" I "have to say" why would you even bother to respond and I see you responded twice in just a few minutes time.
I appreciate your encouraging words and you excellent suggestion but I am not one to follow orders very well.
Oh and just so its very clear I have several sources at in the City of Naples including the NFD & NPD as well as the 2nd floor at the big house down town on 7th St. S.
Here's my suggestion to you little fluffy one: Please keep reading and replying as you feel compelled to do by what I reveal about your other none friends, I encourage it. I like the interaction and the confirmation that I reveal the truth and the truth is really bugging the crap out of the people who are in my sights.
You really should take a little time to review my archives as there are some real gems mixed in with some real "train wreck" comments I have made. If nothing else you would gather more reason to continue stalking The ANGRYTAXPAYER.
I seem to run out of time on my library internet card so I gotta go.
Thanks again little black kitty you have proven to me that Steve, Ernie & Mac really do have "TOOLS" that just think he is the greatest since sliced bread. Its funny how just when you think its not possible you find that it really is! Someone more ignorant than him.
anthonynaples writes:
"Hint" the balgas driver left truck un/attended during the re/fueling!!!!! Change your mind now?...
HAP writes:
And no one thinks about terrorist attacks.
angrytxpyr writes:
Go figure, a City Cop and a Firefighter showed up at the library for some private time and got me an extension to my internet time if I kept my mouth shut about their tryst. So here I go, man they are noisy.
They wouldn't give me any specifics on just where the Balgas driver was but it was suggested that he was in a the perfect location to smell the gas just before it was ignited by the pilot lights in the kitchen. I guess the smell of coffee and snacks hid the smell of gas until it was just a little to late to prevent BOOM!
How much of a break on propane does the City of Naples get from Balgas for the little diversion from accuracy from that Fire Department Official in his Official Report? Its a question that should be asked Councilman Finlay.
"goaterior" I am not a spokesman for anybody especially any Union, I merely observe and comment about conduct and activities by public figures that rub me the wrong way. On occasion as with City of Naples officials I am blogging on behalf of a non friend but good person who was treated very poorly by the Cities aAdministration and Fire Department. Whats really hilarious about this is that the management level individual who started the problem and drove it to be what is now a Federal investigation has only been mentioned once in my IDIOTIC rants. The others just sit there and take it, all while they simply refuse to do the right thing to make me go away. Hey TAXPAYERS will end up paying that guy off and maybe someday I will be asked "nicely" to stop. Like I said before , its the same old I did nothing wrong mentality that drives most small problems to become Federal investigations.
If I stopped blogging here that will spell the end to NDN on-line readership too!!!
angrytxpyr writes:
Ask and yee shall receive little black kitty, I just hope you not on City time or City Equipment when you blogg. I would really hate to lose my newest fan because they disobeyed a strong suggestion by individuals in a hire pay grade.
Be careful little fluffy one because Tommy might be an idiot but your friends aren't really your friends, I think you know what I mean, if you don't just ask Bobby.
FlaBlkPanther writes:
LOL, You keep blogging about my "little" comment. It must have struck a nerve, other wise you wouldn't waste you time with a nothing like me.
drolds writes:
Just pay your taxes and shut up.
angrytxpyr writes:
I live in an old refrigerator box under the Gordon river bridge and I know the TAX has already been paid.
But you suggestion is good and once again I will decline your request that I "shut up", I certainly do appreciate your reply and proof that you follow me and do in fact get tweaked with my truthful blabbering's. I look forward to you continued readership and reply's, it just keeps me going even stronger.
blueblueblue writes:
Your comments?
What a waste of the limited time we have here on Earth.
angrytxpyr writes:
Oh goodie another loyal fan, now I have three. Its nice to see at least one Collier education professional wastes their own personal time and their own equipment commenting here instead of that of the TAXPAYERS.
I would have to wonder though, you wasted your time reading the pathetic crap that I write and then wasted even more of that time replying to it. A little research has told me you have wasted your time in a very similar manner nearly 1250 times reading and replying to comments made on this web-site over the last year or so. Does that make you an expert on that subject or something? You should at least come up with some of your own thoughts instead of just replying to those who do. I'm pretty disappointed that you didn't tell me to shut up, you do it to others often enough. Whats the matter with me am I really that lame???
Anyway times a wasting and I have to hit the bottle if I want to be falling down drunk for dinner with the kids you guys don't educate.
blueblueblue writes:
OK, genius, here's my thought:
HELLO! It's SUNDAY! We don't work on Sunday, are you THAT out of it that you don't even know what day it is?
As far as comments, yeah, let's compare,
yours: 100% negative, and you beat me out in amount of comments anyway.
Have a nice day,I hope you don't become one of those people who grow onto their seat and have to be cut off, that would be wasting our tax money.
Max_Headroom writes:
You ugly democrats need to get a life.
blueblueblue writes:
Ha! THIS coming from someone with 3335 comments since 2009.
You two deserve each other, maybe they can remove the stick from your butt while they are prying angrytxpyr off of his seat.
angrytxpyr writes:
YUP it is Sunday and YUP you are not working today, now if you had paid attention in the first and second grade your reading comprehension would be just a little better. Why don't you have somebody who can read and understand a paragraph explain to you how the first paragraph I wrote acknowledges that you are wasting time during your day off and using a none school district computer and internet connection. I bet one of those 2nd graders that failed the FCAT would not have made the mistake you just did. Thank you for taking the time to read all that I have shared with so many but your math skills may be a little substandard as well, its closer to 87% negative not the 100% you you figured.
Its funny how you have expressed your opinion that my comments are a waste of time yet you continue to read and respond, you even went a step further and demonstrate your lack of reading skills. Maybe you should spend some of the time you waste here studying the English language so you can at least effectively criticize others without looking like an IDIOT.
All you individuals who chose to waste your time on this site please take note of this educational professionals lack of reading comprehension and understand this is a leading indicator of just why nearly 80% of Collier County students failed this very subject in the latest FCAT fiasco.
Now if you will excuse me I have to get my drunk body down to the Walgreens and get another gallon of Vodka, the first one was just not enough.
blueblueblue writes:
Your comments aren't worth reading word for word, I just figured that this was yet another insult towards a total stranger,so yes, I skip read it, and you have no clue what goes on in a classroom. You are boring as h---, and your comments are so repetitive, I must have skip read as I rolled my eyes once again at your silly blathering. So sue me.
Doesn't matter anyhow, you hate everyone. How very sad and lonely you must be.
Keep on hating, I pity you.
drolds writes:
Ok, Ok, Ok, You don't have to pay taxes. Just shut up.
angrytxpyr writes:
So here's an educational professional who lacks basic reading comprehension, believes an observation of their lack of a basic English language skills is an insult to them, acknowledges their inability to read and comprehend a short article, apparently thinks a law suit would resolve their short comings and thinks I'm the hater!!!
I didn't throw the first handful of "monkey poo" here. I just returned what was tossed at me first. Can you imagine this individual trying to break up a minor incident between a couple students. Hey were you in at that bus stop stabbing last year?
You pity me???? I pity the children you come in contact with during your work day and the parents who have to figure out what screwed their kid up and try to get them straight after you shared your lack of knowledge with them.
I live in a freaken card board box under a bridge and right now I'm about halfway through my second gallon(1.5 Liter but it seems like a gallon)of cheap Vodka and I have better grasp on the English language than this Educational professional.
Yup Yup and QUADRUPLE(that's times 4 for all you teachers out there)YUP. Here I have tried to make a simple point that the City of Naples has tossed the idea of its own ambulance service around for about 16 years. Gary Price has either intentionally left out some very important information about what will have to be done and how much it will cost to get this service up and running correctly or he is just stupid and doesn't have a clue just what it would take to do it correctly. Like many of his other proposals Gary has failed to consider what the real cost of this idea would be, its scary that he is also behind the Police and Fire pension reforms that will bury the City of Naples in about 3 years.
Steve McEnerny on the other hand is incapable of using good judgment when it comes to the proper allocation of funds and prioritizing the needs of the Fire Department and dealing with employee issues in his organization, in other words he's a spendthrift, wants stuff to make him look good and effective, has no respect for the TAXPAYERS and he is back stabbing his members and last year turned his back on a veteran Firefighter with a distinguished career because his Boss told him to.
Neither one of these individuals is a good example of a public servant or a person with integrity.
FlaBlkPanther writes:
O.K. How did tis blog go from an explosion to FCAT scores??
angrytxpyr writes:
I would like to take credit for that rather IDIOTIC diversion and would request extra credit for tapping into the Gary Price ambulance service proposal on top of that. One contributing factor to the debacle I created here would be the nearly three liters of "plastic bottle" Vodka that I put away yesterday. Driving drunk is a snap compared to blogging while drunk. Friends shouldn't ley friends drink while blogging, fortunately I have no friends. It also saves money at Christmas time.
angrytxpyr writes:
Maybe the Balgas driver didn't cause this one.
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