Published 7/4/03

Man Hurt in Tennis Court Explosion to Sue Eastman, 7 Firms

By Sonia Scherr
Valley News Staff Writer

Annotated by John Haas, Eastman Community Association

GRANTHAM — A man severely injured in a propane gas explosion and his wife are suing Eastman Community Association and seven companies, contending their negligence led to a fatal explosion at a platform tennis court five months ago.

Morton and Pauline Shea of Grantham also are charging the seven companies with product liability and breach of warranty in connection with the Jan. 5 incident, according to a lawsuit provided to the Valley News by the plaintiffs’ lawyer, R. David DePuy of Manchester.

The suit does not specify the amount of damages the Sheas are seeking, and DePuy said he is not permitted by law to name a sum in the suit.

The suit will likely be filed next week in Sullivan County Superior Court in Newport, N.H., DePuy said. He said the attorneys for all the defendants were notified of the allegations and that they are formally being served with the suit.

The explosion ripped apart a platform tennis court in the recreational community of Eastman, killing James Owen and seriously injuring Morton Shea and Anthony Crecca. Robert Kessler received slight injuries in the blast. The men, all Eastman residents, were removing snow from the court when the explosion occurred.

"These courts are not supposed to blow up," DePuy said. "This is a manufactured product. That should not happen. It should. be safe to use."

Morton Shea suffered multiple fractures, including a broken back, broken neck, broken left ankle, broken right leg, shattered right ankle, broken left wrist and broken right hand, and damage to his teeth, the suit said.

Ken Ryder, general manager for Eastman, deferred comment to the association’s lawyer, Andrew Dunn of Manchester.

Dunn said the plaintiffs’ counsel was taking a "shotgun" approach and filing suit against any organization involved in the design, construction, installation and maintenance of the court. "There are no facts set out that would indicate why any of the defendants should assume to be liable or at fault," he said.

He added: "I don’t think he has any basis to know at least at this point what caused the explosion and who, if anyone, may be involved. It certainly wasn’t Eastman."

DePuy said the language of the suit was intended to be general until more details come out about why the blast occurred. "If you don’t say it, then you run the risk of not being able to bring it up later," he said.

A state report concluded that the explosion was caused by propane gas that became trapped beneath the court and ignited when the heating system was turned on. The gas leaked because of a crack in the flare nut connecting piping to the shut-off valve for one of two propane heaters beneath the court, the report said. The heaters were used to melt snow that accumulated on the outdoor court.

New Hampshire Deputy Fire Marshal Bill Degnan said in a March interview that the state would not bring criminal charges in connection with the incident or assign responsibility for the blast.

Dunn said the attorneys for the injured men and representatives for the defendants are conducting separate investigations. Some of them plan to do an extensive reconstruction of the incident, which is scheduled for later this month.

The other defendants named in the suit were

Richard J. Reilly Jr. Inc. and Green Mountain Platform Tennis&emdash;which designed, manufactured, constructed, installed and inspected the court, the lawsuit said&emdash;have merged to form Reilly Green Mountain Platform Tennis Courts in New York, a spokeswoman for RPTC said. She said the company does not comment on pending litigation.

John Curran, a Bedford, N.H., lawyer representing Walco, said the Bradford, N.H., company hadn’t serviced the court for more than a year before the explosion occurred. "We’re going to appear and vigorously defend it, and we expect that we’ll be vindicated," he said.

Mike Hayward Sr., president of M.J. Hayward in Lebanon, said he hadn’t yet seen the suit and couldn’t comment. His company provided maintenance to the system.

John Tomlinson, a spokesman for the Wisconsin-based L.B. White, which manufactured the heaters, was away and couldn’t be reached for comment yesterday. No one else at the company could comment, an employee said. However, in an e-mail message shortly after the accident, Tomlinson said the state’s initial investigation showed that the heaters did not cause the gas leak or explosion. He said the heaters had an excellent safety record and hadn’t been involved in a fire or explosion resulting in injury or death.

Penny Breed and Tom Frawley, president and vice president, respectively, of Johnson & Dix in White River Junction, were away yesterday and no one else could comment, an employee said. The company’s lawyer, Howard Myers of Lebanon, was also away. The company also provided service to the heating system.

Shea&emdash;the most seriously injured of the three survivors&emdash;spent weeks undergoing rehabilitation before returning home. He is now able to walk, although he still has "substantial problems," DePuy said.

Reached by telephone yesterday, Morton Shea said he had no comment.

A preliminary hearing on the suit will probably take place in September, DePuy said.

ADDITIONAL INFORMATION (not part of article above)

 JH: I could not find any company with this name or a name similar to it in the New York State, Department of State, Division of Corporations database, searched on 7/4/03. Green Mountain Platform Tennis, Inc. was terminated on May 9, 2003 as a Vermont Corporation, according to the Vermont Secretary of State—(see below).

Corporation Information
ref: http://www.sec.state.vt.us/seek/keysrch.htm
search on "platform tennis"

Corporation Name GREEN MOUNTAIN PLATFORM TENNIS, INC.
Corporation Status Terminated
File No V-51075-0
Type Vermont
Incorporation Date 07/21/1992
Corporation Description TENNIS COURT
State of Incorporation VT
Fiscal Month End 12
Registered Agent CHRIS J CASIRAGHI
Address BENSON FULLER DR PB 171
City State Zip BONDVILLE VT 05340
President CHRIS CASIRAGHI
Secretary PAULA G CASIRAGHI
Director2 CHRIS CASIRAGHI
Principal Street Address PO BOX 171
City State Zip BONDVILLE VT 05340
Last Annual Report 12/31/2001
Terminated 05/09/2003
Reinstated 02/16/1996

Above accurate as of: 07/03/2003