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GAS COMPANY PREVAILS IN LAWSUIT
WHERE PROPERTY OWNER FAILED
TO HAVE QUALIFIED PERSON FIX GAS
LEAK BEFORE TENANT MOVED IN
ausation issues in raised are analogous to ones the gas line and inspected the
fi re and explosion- faced by the propane industry, attic furnace. He then checked
related lawsuits including “do-it-yourself” issues. the gas meter, unlocked it
Ccan be complex, Let’s start with the background and turned the gas on. The
with the conduct of multiple facts. meter showed a leak so Newell
parties potentially at issue as Background/Underlying turned the gas off, confi rmed
illustrated in the Westbrook v Incident. everything was off in the house,
Atlanta Gas Light Company Herschel Thomas owned turned the gas back on and
case. This case stemmed from residential property which let it run for a few seconds
a fi re and explosion incident included a main house and before going inside. He didn’t
at an apartment where the a detached apartment. Prior smell any gas inside the house.
property owner failed to have to the incident in question, Newell then left the meter off,
a qualifi ed person fi x a known Thomas had the gas service in a safe and secure position,
gas leak before the tenant shut off to the vacant but did not replace the lock.
took possession. Regardless, the apartment and to the main Notably, it came to light later
property owner and plaintiff house because gas was not that Newell had no knowledge
both asserted that it was the being used at either location. about the detached vacant
gas company’s conduct that At some point, Thomas rented apartment behind the house.
caused the incident. The Court the apartment to his co-worker, Before he left, Newell
analyzed the gas company’s Kevin Westbrook. Thomas fi lled out a warning card which
conduct in a pre-explosion then contacted Atlanta Gas stated at the top: “DANGER.
service call in relation to the Light Company (AGL) and This meter or appliance must
property owner’s conduct requested that AGL turn the not be turned on until the
afterwards and determined gas back on. Kenny Newell, condition(s) indicated below
that under Georgia law, the an AGL fi eld representative, have been corrected.” Below
property owner’s conduct came to the house to check the warning, Newell had
was the intervening cause of on the gas service. Thomas marked an X to show there was
the incident. Ultimately, the was not at home at the time, a “leak in house piping.” He
Court of Appeals affi rmed the but his stepson’s 20-year old also hand-wrote on the card:
trial court’s decision to grant girlfriend, Tiffany Northcutt, “Leak in fuel line. Left meter
summary judgment to the gas was there to let the “gas guy” off but unlocked for plumber.”
company in the lawsuit. The in. Newell found a note in the Newell also marked the line
underlying incident involved kitchen asking him to check that said, “Have the qualifi ed
natural gas service to the behind the electric stove to agency/person connect and/
property in question rather see if the gas line needed to or activate the appliance.”
than propane, but the issues be capped. Newell capped Newell had Northcutt sign the
14 Alabama Propane Gas Association | September/October 2017
