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apartment complex with a Flue      tional reported gas odor or leak   taking plaintiff’s deposition and
            Gas Analysis report for each       since that time, and plaintiff’s   conducting other discovery,
            boiler showing the boilers were    husband providing information     the apartment complex filed
            properly tuned                     about her fall which seriously    a summary judgment motion
                   Twenty days later, on       called into question the claim of   citing similar undisputed facts
            July 29, 2013, plaintiff fell down   being dizzy due to a gas leak,   as listed above and stating
            some steps and broke her           plaintiff still brought a lawsuit,   no evidence existed of a gas
            ankle  She claimed a gas leak      but only against the apartment    leak on the date plaintiff fell
            caused her to become disori-       complex                           Note that a summary judgment
            entated and dizzy which                                                  motion is basically a re-
            led to her fall. Significantly   Documents create a                      quest to the court to decide
            though during that same      paper reality we call                       whether there are material
            20-day period from July 9,                                               facts in dispute which would
            2013 to July 29, 2013, apart-  proof. ~Mason Cooley                      warrant a trial  If there are
            ment complex staff mem-                                                  no such disputed material
            bers were working in the                                                 facts, the court can decide
            area of the boilers and no one     The Lawsuit.                      the issues as a matter of law
            detected the presence of a gas            Plaintiff filed her lawsuit        In support of the sum-
            odor or leak  Plaintiff did not re-  against the apartment com-      mary judgment motion, the
            port an odor or leak during this   plex asserting negligence and
            time frame either  Additionally,   premises liability claims  After          ...Continued on page 16
            plaintiff’s husband came
            into the leasing office on
            August 5, 2013 on another                Looking for a reliable,
            matter and mentioned his
            wife (plaintiff) fell when she       customized supply plan?
            missed the last two steps on
            the short stairway leading
            to the sidewalk and that          Crestwood’s experienced NGL professionals can help you create a
                                              reliable, yet flexible supply plan from the Dixie Pipeline or Hattiesburg.
            she had been falling a lot
            lately  He didn’t mention         Want to know more???
                                              Call Max Johnson today to see how Crestwood can help you with index
            she was dizzy or smelled a        pricing agreements, fixed price and option hedges or our transportation
            gas leak but did say she          and storage capabilities.
            had been going up and               Max Johnson  |  Supply/Asset Manager-Southeast
            down the steps for about          Max.Johnson@crestwoodlp.com
            an hour moving boxes from         D: (816) 329.5316
            the apartment into the de-        C: (913) 972.5721
            tached garage before she          ICE ID: mjohnson31
            fell
                   Despite the gas
            service technician’s last
            inspection and testing
            which showed no issues
            with the boilers, no addi-




    15                                             Alabama Propane Gas Association  |  May / June 2018
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