Attorney John V. McCoy, left, tries to establish liability with mock technician, attorney Frank W. Beckstein, during one of the Northeast Propane Show's (NPS) educational seminars.
WR A P - UP Beckstein also said that the PGDA,
which includes about 200 members across the country, helps connect retailers facing legislation with attorneys specifically versed in the equipment, codes and business prac- tices of the propane industry. l FON
"MEC continues to design prod-
ucts with features that make them easy to install, easy to use and more service friendly," said Bergquist President Bob Barry. "These products will save propane marketers both time and money." One of the more unique seminars
presented at the conference was a mock technician deposition from members of the Propane Gas Defense Association (PGDA). Attorneys Frank W. Beckstein, John V. McCoy and Bob Smith portrayed the technician, plaintiff's lawyer and defense lawyer, respectively. Despite focusing specifically on a case
involving a malfunctioning propane fur- nace that resulted in a family dying from carbon monoxide poisoning, the mock deposition provided valuable informa- tion for any service-related company facing legislation. "Depositions are the primary source
for plaintiffs to establish liability for the trial and the record of it can be used," said Beckstein, stressing the importance of being properly prepared. With the mock lawsuit, based on an
amalgamation of real-life cases, being brought against both the technician and the propane company he worked for, establishing liability was a focus of the deposition. While the technician's record- keeping for work orders, leak tests and other safety inspections was either spotty or non-existent, the company also had responsibility for inadequately training and supervising their technician. With company personnel files open to
lawyers, Beckstein stressed that having the proper written record can help establish that proper protocol was followed and that customers were notified of either the changes made or risk involved of tamper- ing with equipment.
www.fueloilnews.com | FUEL OIL NEWS | SEPTEMBER 2012 27
