Larsen v. Minneapolis Gas Company

163 N.W.2d 755, 282 Minn. 135, 1968 Minn. LEXIS 938
CourtSupreme Court of Minnesota
DecidedDecember 13, 1968
Docket40645, 40790
StatusPublished
Cited by19 cases

This text of 163 N.W.2d 755 (Larsen v. Minneapolis Gas Company) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larsen v. Minneapolis Gas Company, 163 N.W.2d 755, 282 Minn. 135, 1968 Minn. LEXIS 938 (Mich. 1968).

Opinion

Frank T. Gallagher, Justice.

In this action for damages caused by an explosion resulting from the rupture of a gas main, defendant and third-party plaintiff, Minneapolis Gas Company, appeals from an order of the District Court of Hennepin County denying its motion for a new trial on all the issues or, in the alternative, for a new trial on the issue of damages alone, and from the judgment entered.

In 1952, appellant (hereafter Gas Company) installed a gas main on Third Avenue South in Bloomington, approximately 4 feet below the surface, using new 4-inch cast iron pipe. In 1960 the city of Bloomington contracted with defendant Barbarossa and Sons, Inc. (Barbarossa) to install sewer and water facilities in an area including Third Avenue South. The contract placed full responsibility on Barbarossa for meeting plans and specifications, compacting with a vibratory roller over all excavations, and seeing that all utility facilities were protected and repaired. 1 As was the custom in the industry, Barbarossa subcontracted *138 for a good part of the work. Defendant Edina Excavating Company (Edina), a partnership composed of L. Eugene and John J. Delaney, was awarded the job of installing sewer stubs running from the main sewer, which Barbarossa laid down the center of the street, to the property lines of the houses. In order to install the stubs it was necessary to uncover and dig under the previously installed gas main.

The usual procedure was for Barbarossa to work one or two days in advance of Edina, laying the main sewer at a depth of 10 or 11 feet down the center of the street. Barbarossa filled its trench before Edina began excavating. When Edina arrived, it would dig a sloping trench 12 feet wide at the top and about 30 inches wide at the bottom to a depth of about 9 feet with a truck-mounted “backhoe,” starting at the property *139 line and working out to the sewer main. After the stub was installed the dirt would be compacted with a hand tamper up to about 1 foot over the stub. The remaining dirt would be put back into the trench with a front-end loader weighing about 15,000 pounds, which would cause some further compaction as it was driven in and over the excavation. In the course of digging the trenches, Edina had, on at least two occasions, struck the gas main while trying to dig around it. When this happened, Edina called the Gas Company, which came out immediately and repaired the damage. The cost of the repairs was paid by Edina.

On April 22, 1960, Edina installed a sewer stub in front of plaintiffs’ home at 8601 Third Avenue South. The usual procedure was followed. Neither the Gas Company nor Barbarossa was notified that the gas main had been damaged. John Delaney, who had been operating the backhoe on that occasion, testified that the main had not been struck or damaged in any way during the installation.

On November 20, 1963, there was an explosion in plaintiffs’ house while Sandra Larsen and her 2-year-old son, Steven, were inside. Both were badly burned. Sandra, Erling Larsen, her husband, and Steven, by his father, each brought action against the Gas Company, joining Barbarossa and Edina as defendants. Each of the defendants cross-claimed for contribution or indemnity.

In the course of the trial, testimony was introduced to the effect that the explosion was caused by gas which escaped through a break in the main just over the sewer stub; the main had gouge marks such as might be made by the tool steel of a backhoe shovel, linear cracks, and a split in the pipe. When the main was uncovered, there was a .09-foot slant in the pipe toward the split from both directions. Experts testified that the failure to compact the trench when the sewer stub was installed removed the support under the main so that, weakened by the gouge, it “gave” under pressure from the dirt above.

The Bloomington-Barbarossa contract was introduced to show that Barbarossa had a duty to compact on the entire project with a vibratory roller; Barbarossa’s supervisor on the project testified that this was not done. John Delaney stated that Edina did not expect Barbarossa to do any compacting within the trench itself; that Edina did not do any, and *140 that no objection was made to Edina’s installation procedure by Barbarossa, Bloomington, or the Gas Company, all of whom had observed it. There was substantial conflict in the expert testimony as to what effect vibratory-roller compaction at the surface would have had on the 6-foot area above the sewer stub and below the gas main. Other expert testimony was submitted to show that the pipe the Gas Company had installed in 1952 was defective and should have been rejected. One expert testified that it could not have withstood the tests which the manufacturer claimed had been run on it prior to shipment to the Gas Company.

On the issue of damages, medical testimony was submitted about the injuries sustained by Sandra and Steven, along with numerous photographs and hospital records. Erling and Sandra testified on their own behalves. Although the evidence offered comprises but a small part of a voluminous record, it presents a graphic description of the injuries they sustained. Sandra is badly scarred on the face, shoulders, and back; past and future hospitalization will total about 9 months and involve about 26 surgical procedures by a plastic surgeon; she is uncomfortable with anyone but close friends and no longer leaves the house without her husband or some other close relative; she is no longer able to water-ski or ice-skate, due to the effect of sun and cold on the scarred areas; and her ability to perform normal household and garden chores has been impaired.

Steven has extensive facial scarring which, although permanent, should improve as he grows older; he spent 55 days in the hospital; no skin grafting was done during that time and future plans indicate only minor cosmetic surgery on one ear and skin grafts on the right hand to restore presently limited motion; the scarred areas are affected by sun and cold. Testimony indicated that the sales field is closed to him, and his potential employability generally has been curtailed to some extent as a result of the damage to his appearance.

Erling Larsen’s past and future medical expenses for Sandra and Steven and the property damage to his home total $55,820.92, of which $38,972.63 is for medical costs and household help. Sandra is no longer willing to make new friends, and the couple’s entertainment is confined *141 to visits to the homes of close friends, although previously they had played in mixed bridge clubs and played tournament bridge, water-skied, skated, bowled in mixed leagues, and attended programmed dances. It is now necessary for Erling to accompany Sandra to places such as the grocery store, to which she had previously gone alone. Her physical appearance has been significantly altered by the accident.

The case was submitted to the jury on a general verdict with written interrogatories, and it found for plaintiffs against all defendants in the following amounts: Sandra, $300,000; Steven, $150,000; and Erling, $125,000.

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Bluebook (online)
163 N.W.2d 755, 282 Minn. 135, 1968 Minn. LEXIS 938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larsen-v-minneapolis-gas-company-minn-1968.