Citations
- 208 So. 2d 615
Full opinion text
ROBERTS, Justice.
By conflict certiorari we here review a decision of the District Court of Appeal, Fourth District, reversing judgments in favor of petitioners for injuries sustained when a propane gas storage tank owned by respondent exploded at the rear of a two-family residence, resulting in the death of a child, personal injuries to others, and in property damage. The tank had been manufactured seven years before by the Maddox Foundry and Machine Works, Inc. but was owned by the Fort Pierce Gas Company. It had been in use by the Toombs family for about six years for the storage of gas sold by the gas company to Toombs, who lived in one apartment. Petitioners Crutchfield and Carrithers lived in the other apartment of the duplex dwelling. The jury returned verdicts for petitioners against the gas company. The District Court of Appeal reversed the judgments, its opinion appearing at 193 So.2d 669.
On December 17th, 1962 at approximately 1:45 p. m. in Fort Pierce, Florida, a 50-gallon liquified propane gas tank exploded and caught fire, killing George Christopher Toombs, aged 3, and injuring Reginald, Emmitt and Sally Toombs; also injuring Eloise Crutchfield and Gary Carrithers.
Around 8 a.m. on the same day one Lonnie James, an employee of the gas company, went to the duplex residence to fill the gas tank which was owned by the gas company and used in the sale of gas to its customers. Petitioners contend that the gas tank was overfilled by putting 47.7 gallons of liquid gas in a tank which was limited to 40 gallons. The tank was located at the rear or south side of the building and in an exposed area where the sun’s rays shone directly on it. As above stated, shortly after noon that day the tank exploded.
Petitioners brought a suit against the gas company charging negligence in the overfilling of the tank or failure to properly train the deliveryman for such work or negligently failing to hire proper and efficient help to fill the tank; and further contended that they were entitled to recovery under the doctrine of res ipsa loqui-tur ; that the manufacturer, Maddox Foundry and Machine Works, Inc., had negligently constructed the tank; and alternatively alleged that the gas company and Maddox impliedly warranted the safety of the tank.
After the explosion the remains of the tank were referred for examination to Professor O. M. Harrelson of Georgia Tech University, and one Grover Dunn, an engineer in Atlanta. Professor Harrelson testified it was his opinion that putting 47.7 gallons of propane gas in a tank limited to a 40-gallon capacity was what caused the tank to explode. Witness Dunn testified it was his view that insufficiency of the welds to hold the pressure caused the tank explosion. The jury apparently elected to accept the testimony of Professor Harrelson, returning verdicts against the gas company but exonerating Maddox.
For some reason unknown to us, the District Court of Appeal did not deal with the validity of the verdicts and judgments on the theory of negligence, but dealt solely with the question of implied warranty. In so reviewing, the District Court divided the persons into two categories— (1) members of the Toombs family, and (2) mere bystanders without claim of privity or relationship with petitioners. In reversing the case the District Court said:
“The properties of propane gas are such that it may be liquified [sic] by placing it under pressure. It is usually handled and distributed as a liquid in a tank under pressure. Its storage tanks, therefore, must possess sufficient strength to withstand this pressure. Also, a rise in temperature will cause the liquified [sic] gas to expand in volume. All tanks on this account should always be only partially filled so as to leave room for expansion to accommodate possible temperature changes.
“Two distinct causative factual concepts were urged and defended before the jury. One assault was that the Owner [gas company] was guilty of negligence by overfilling the tank a few hours prior to the explosion. The other advanced was that the tank was defectively manufactured and subject to rupture by reason of improper welds.
“Considering first the award of damages in favor of plaintiffs and against the Owner [gas company], the point is made by the Owner that reversible error was committed in presenting the case to the jury on the theory of implied warranty because that doctrine was not available to these plaintiffs. Because our consideration of this question and ultimate decision requires the reversal of this part of the case, the other points raised by the Owner [