Mendoza

The Case

On December 17, 1980, four itinerant farm workers died and another suffered permanent brain damage as a result of inhaling carbon monoxide fumes from an unvented propane stove. Plaintiffs filed a wrongful death-personal injury action against Easton Gas Company (Easton), the supplier of the propane gas, and others on negligence and strict liability theories. The trial court granted Easton’s motion for summary judgment on the ground Easton owed no duty of care to the injured parties.

We hold the trial court erred in granting summary judgment because the defendant failed to negate all theories of a duty of care under the particular facts presented below. Specifically, the defendant failed to negate its duty to inspect the gas pipes inside the house for leaks before it first released gas into the house. Whether the defendant’s failure to inspect the inside pipes before releasing the gas was a proximate cause of the plaintiffs’ injuries will be a fact question for the jury.

The Facts

Mr. and Mrs. Reitz owned a house which they had made available to their seasonal farm workers since 1972. The house had a furnace and water heater fueled by a propane tank located…