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State Farm Fire and Casualty v. Aquila Inc.6/14/2005
ants next turn to the merits and argue that they made a showing of negligence sufficient to withstand respondents' motions for summary judgment. Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law." Minn. R. Civ. P. 56.03. To withstand a defendant's motion for summary judgment, a plaintiff claiming negligence must make a prima facie case of negligence, which simply means a case that prevails in the absence of evidence invalidating it. See Patton v. Newmar Corp., 538 N.W.2d 116, 119-20 (Minn. 1995) (holding the district court properly granted summary judgment when plaintiff failed to establish a prima facie case of liability); Trudeau v. Sina Contracting Co., 241 Minn. 79, 87, 62 N.W.2d 492, 498 (1954) (defining prima facie negligence). "Prima facie negligence means that evidence of negligence which, unexplained or uncontradicted and standing alone, appears to be sufficient to establish the fact. In other words, it is evidence which suffices to establish the fact unless rebutted, or until overcome, by other evidence." Trudeau, 241 Minn. at 87, 62 N.W.2d at 498.
In the ordinary course of things, gas does not escape if those responsible for its management use proper care. See Gould v. Winona Gas Co., 100 Minn. 258, 266, 111 N.W. 254, 257 (1907) (noting that "at common law and apart from the act of Congress an explosion is prima facie evidence of negligence"); see also Manning v. St. Paul Gaslight Co., 129 Minn. 55, 57, 151 N.W. 423, 424 (1915) (stating that Gould "goes to the proposition that the manufacturer and distributor of illuminating gas is held in damages for the escape of gas on the principle of negligence . . . and that the escape of this agency in highly destructive quantities is prima facie evidence of negligence").
Here, the district court correctly noted, "Minnesota courts have continuously held that gas companies owe a duty to act with due care with regards to the inspection and maintenance of its main and service lines." But solely on the ground that Aquila "never had notice of any existing or potential danger," the court found no evidence of negligence. The court did not discuss whether, apart from the lack of notice, appellants had made a showing of a prima facie case of Aquila's negligence.
In ruling that lack of notice to Aquila precluded a showing of negligence, the district court relied on Ruberg v. Skelly Oil Co., 297 N.W.2d 746 (Minn. 1980), and Wilson v. Home Gas Co., 267 Minn. 162, 125 N.W.2d 725 (1964). In Ruberg, 297 N.W.2d at 751, the supreme court stated that " iability for damages caused by a gas leak exists where the gas supplier, having reasonable notice of an existing or potential danger, negligently performs an inspection or repair, or fails to inspect, repair, or shut off the gas." In Wilson,the supreme court stated that " he duty to inspect does not require a system of inspection 'at all times' but rather a duty to make reasonable inspections." 267 Minn. at 172, 125 N.W.2d at 732.
But Wilson also makes a distinction between pipes owned by the customer and pipes owned by the gas company. The supreme court stated:
The duty to inspect does not require a system of inspection 'at all times' but rather a duty to make reasonable inspections, and then, as to appliances not owned or controlled by the [gas company], only after a reasonable notice of the existence of danger. To apply any other rule would make the gas supplier an insurer if anything went wrong with any of the appliances over which it had no c
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