Wrongful Death – Duty to Warn

Listen to this article

This case arises from a tragic gas explosion. Decedent called respondent energy company to report the strong odor of what she supposed was natural gas emanating from behind her kitchen stove. The energy company representative told decedent to open a window and leave the house. About ten minutes after the call, natural gas that had filled the home from an improperly installed gas line behind the stove exploded, killing decedent and her housemate. Decedent’s romantic acquaintance, appellant, sued respondent manufacturer of the stove and others seeking damages as trustee of decedent’s estate. Appellant alleged, among other things, that respondent manufacturer negligently failed to warn decedent that gas leaks cannot always be detected by smell and negligently failed to build a gas detector in or on the stove. Appellant appealed the District Court’s summary judgment decision favoring respondent manufacturer. The Court of Appeals affirmed because appellant presented no evidence that would support a jury finding that the alleged warning defect or design defect caused decedent’s fatal injuries. Affirmed.

A14-1751 Moore v. CenterPoint Energy Res. Corp. (Hennepin County)

Click for full text