Mahowald v. Minnesota Gas Co.

344 N.W.2d 856 (1984)

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Nature of the Case

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Facts

In November 1970, D installed a gas main in the right-of-way in front of what was to become the Kannegieter residence. Distribution Construction Company did the actual work on the gas main under D's supervision. The main was installed at a depth of 42 inches, exceeding the depth required by federal regulations and company policy. Depth requirements are designed to protect the line against stress caused by vehicle loads and superficial digging, such as gardening. There is no evidence in the record that the line was improperly installed. D performed periodic leak checks in compliance with federal requirements. No leaks in the gas line were ever detected prior to the 1977 explosion. In 1974 Barbarossa and Sons was hired by the City of Prior Lake to install water and sewer lines in the Willows Addition, the development in which the Kannegieter residence was to be located. On April 30, 1974, Barbarossa struck and severed a gas main with a backhoe. The strike was reported to and repaired by D. On May 15, 1974, Barbarossa again struck a gas main. The pipe was scraped and bent approximately 16 feet from where the explosion-causing fracture eventually occurred. D was notified of the hit and sent a repairman to the site. Because the pipe itself was not physically damaged, the pipe was wrapped with special tape, sealed, and reburied. In April 1976, Schweich Home Builders, a subcontractor for Wicker-Knox Associates, Inc., the home builder, graded and excavated the Kannegieter lot. There is no evidence of any gas line hits by Schweich. In May 1976, Blaylock Plumbing Company installed sewer and water lines to the residence from the sewer and water stubs previously installed by Barbarossa. Schweich subsequently returned to prepare the lot for sodding. Other entities had engaged in excavating or other digging activities in the street. They included telephone, electric, and landscaping companies. Alice and Michael Kannegieter and their two children moved into their newly built home on Elm Avenue in the Willows Addition of Prior Lake in September 1976. On Saturday morning, February 26, 1977, Alice went to the garage to start the family car, while Michael gathered the children in the family room. Alice placed her key into the car's ignition. The house exploded causing its total destruction. The Kannegieters and their two children suffered personal injuries. Two neighboring homes were also damaged. The cause was from a natural gas main pipe that had fractured, causing natural gas to leak into the home. An expert testified that the pipe fractured as a result of corrosion and stress caused by a prior hit on the pipe. The hit likely occurred at least several months previously. The seeping gas migrated into the home due to the frozen condition of the ground and was leached of its odor and therefore not detectable without mechanical testing devices. No witness was able to state which hit caused the eventual fracture. It is therefore not known who caused the eventual fracture and the resulting explosion. Ps sued D, the City of Prior Lake, the home builder, and four contractors who had done excavation work on the lot over a period of 7 years prior to the explosion. All defendants, other than the gas company and one contractor, were dismissed. The case went to the jury on the theory of negligence. The jury found damages of $110,850, but no negligence on the part of either defendant. Ps appealed in part on the trial court’s failure to give a res ipsa loquitur instruction.