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Halliburton v. Public Service Co.6/28/1990
Defendant, Public Service Company of Colorado, appeals the judgment awarding damages to plaintiffs, Ola Halliburton, Virgil Halliburton, Eddie Owens, and Glen Falls Insurance Company, based on defendant's negligence. We affirm.
Plaintiffs brought this negligence action against defendant, a supplier of natural gas, for an explosion which occurred on February 2, 1985, at the Halliburton home in Denver, Colorado. Ola Halliburton and Eddie Owens were injured in the explosion. Ola Halliburton's husband, Clarence Halliburton, died as a result of the explosion. Virgil Halliburton lost property which was stored at the house, and Glen Falls Insurance Company, the casualty insurer of the premises, intervened in the action.
The cause of the explosion was a leaking flexible tube which connected the gas piping in the interior of the home to the gas range in the kitchen. The chemical ethyl mercaptan, which is added to natural gas to give it an odor, caused a gradual deterioration of the connector tube which in turn caused it to leak gas. The identity of the manufacturer of the connector tube is unknown.
As early as 1978, defendant knew that a large number of connector tubes of the type used in the Halliburton home were failing because of the interaction between its gas and the tubes. The evidence suggests that as many as 45,000 customers in the Denver area use this type of connector and were, therefore, at risk for a gas leak and resulting explosion.
In 1980 defendant started a campaign to warn its customers of the risks presented by these failing connectors. In February 1980, the defendant held a news conference during which it discussed its campaign to check customer owned connectors and to disseminate information about this hazard. Defendant also made several radio and television announcements and sent periodic messages in its newsletter with the customers' monthly billing. At trial, however, there was no evidence that plaintiffs had received actual notice of the problems with the connectors.
Prior to the explosion, defendants' servicemen went to the Halliburton's home on several occasions, including March 28, 1979, and March 12, 1982, to correct problems with the hot water tank and furnace. An internal memorandum written by a supervisor for defendant recognized the hazard and instructed servicemen to inspect all gas appliances for the tubes and to provide warning information, but the servicemen did not inspect either the stove or the connector tube.
Plaintiffs claim that defendant was negligent when it failed during its two service calls to inspect, replace, or otherwise deal with the connector tube. Plaintiff also claimed defendant was negligent in not adequately warning of the dangers of the connectors.
Defendant argues that the trial court erred in finding that defendant had a duty to plaintiffs in regard to the hazard presented by the connector. Defendant also appeals other alleged errors at trial.
I.
Defendant first argues the trial court erred in finding that defendant owed plaintiffs a legal duty to check the connector tube and, if necessary, to take corrective action. We disagree.
Natural gas is considered a product of the selling and distributing company and, because of the recognized hazards connected with the use of natural gas, a higher duty of care is owed by manufacturers and distributors of natural gas. See Blueflame Gas, Inc. v. Van Hoose, 679 P.2d 579 (Colo. 1984); see also Smith v. Home Light & Power Co., 734 P.2d 1051 (Colo. 1987) (electricity while used in the home is a product).
In addition to supplying natur
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