This section contains the nature of the case and procedural background.

Hollenbach (D) was working for Honcho & Sons, Inc. and was excavating land. Despite the fact that all the gas lines had been marked, D struck one and started a gas leak. No one at the scene realized that a gas leak had been started, but about two hours later a neighbor one mile from the leak reported the smell of gas. The area affected was immediately evacuated, and the Gas company was called and sent Crews (P), a foreman, to the scene with his men to repair the leak. As they were engaged in closing off the leak, for some reason unknown to anyone the gas ignited and P was injured. P sued D and all the companies involved. No allegation was made that any of the Ds had ignited the gas. The trial court gave summary judgment to Ds and P appealed. The intermediate court affirmed. This appeal resulted.

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