Matheos Kastis and Michael Kastis v. The Ritz Car Wash, Inc.

Negligence and products liability claims by operator of service station and mechanic who was injured while draining gasoline from the tank of a vehicle. On August 4, 1992, Bonnie and Charles McCartney purchased gasoline at Ritz in Galveston, Texas. The gasoline contained water and as a result, when the McCartneys left ritz, their 1992 Chevrole Astro van did not run well. The McCartneys returned to Ritz, and Ritz contacted the Exxon service station operated by Michael Kasti. Ritz informed Kastis that there was water in the gas tank and that the tank needed to be drained and cleaned. Michael Kastis towed the McCartneys' vehicle to the Exxon station. Matheos Kastis proceeded to drain the gas tank by first disconnecting the battery and placing the van on a lift. Once the van was raised, he tried to remove the gas cap. When he took the gas cap off there was pressure inside and gasoline gushed out of the tank and onto Matheos Kastis. He then jumped back and knocked over a drop light which ignited the gasoline. Matheos Kastis's upper body was badly burned. The fire also damaged the service station.

Verdict for Matheos Kastis in the amount of $250,000 with a finding that he was 50% at fault. The jury also awarded Michael Kastis $77,985.40 for his property damage claim.

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Reversed by the Court of Appeals of Texas, Houston (1st District) which held that Ritz had no duty to warn Kastis of the damagers associated with gasoline. See: 976 S.W.2d 812 (Tex.App. - Houston [1st Dist] 1998)