Mireles

STATEMENT OF FACTS

On October 1, 2011, Felipe was at the 76 gas service station located at 551 North Sunset Avenue, La Puente, California (the subject location), to have his propane tank filled. Felipe sustained personal injuries caused by a propane fire (the incident) at the subject location. ConocoPhillips supplied gasoline fuel to sell at the subject location. ConocoPhillips also owned the 76 gas station brand and gave the owner of the subject location a license to utilize the brand in connection with the sale, marketing, and advertising of the gasoline fuel. The subject location displayed the 76 brand name and “orange ball” signage associated with the brand. Convenience Retailers LLC owned and Field Energy Corporation operated the subject location. Suburban Propane, LP supplied the propane and Field Energy Corporation leased the propane tank equipment from them. Suburban Propane, LP was to perform all maintenance on the equipment.

PROCEDURAL BACKGROUND

Complaint

Plaintiffs filed a complaint against ConocoPhillips and other defendants,2 asserting a cause of action for negligence and loss of consortium. Plaintiffs alleged Felipe brought a propane tank to the subject location…