("little Ismael"), both of whom died on January 5, 1981, of carbon monoxide poisoning caused by an improperly vented gas space heater. Migdalia Rosado, as administratrix of their estates, brought actions on behalf of Ismael Rivera, Sr. We focus our inquiry on the extent of the duty of a gas company, a public utility, to guard a customer from the misuse of appliances which the gas company does not own and which it has not undertaken to maintain.
The cases were consolidated for trial and were tried before Elbert Tuttle, J. ĬIVIL ACTIONS commenced in the Superior Court Department on May 4, 1982, and May 14, 1982, respectively. Was based on this or another, correct theory of negligence on which theĬase was submitted, a new trial was required. Of their observations, e.g., turning off the gas to the dangerousĪppliance where it could not be determined whether the jury's verdict Spot deficient appliance installations and to take action on the basis Theory that the gas company had a duty to train its meter readers to Or another, correct theory of negligence on which the case was It could not be determined whether the jury's verdict was based on this Undertaken to maintain, to see if it had been correctly installed where Theory that the gas company had a duty to "check back" afterĭisconnecting the space heater, which it did not own and had not Their apartment, it was error to submit the case to the jury on the In a civil action against a gas company for the carbon monoxide poisoningĭeaths of two persons caused by an improperly vented space heater in 675 ApAugSuffolk County Present: GREANEY, C.J., ARMSTRONG, & KASS, JJ.
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