353 F. Supp. 3d 828
D. Me.2018Background
- In June–July 2016 the Strohns purchased and had an electric range installed at a Minnesota cabin; the installer disconnected an existing gas stove but allegedly left the gas line uncapped and later obscured by the new electric range.
- An electrician installed an outlet near the uncapped gas line and also allegedly failed to cap or neutralize it.
- On May 20, 2017 a fire occurred; Steven Strohn and Joann Strohn suffered severe burns and later died; plaintiff alleges the fire resulted from a natural gas leak from the uncapped line.
- Susan Strohn (individually and as estate representative) sued multiple defendants including Home Depot, transporters, the installer, Ploog Electric, and several Northern States Power (NSP)/Xcel entities asserting wrongful death, survival, strict liability (design/manufacture/failure-to-warn/post-sale), negligence, and warranty claims.
- NSP moved to partially dismiss: to strike/rename improperly named NSP entities, dismiss the survival claim, dismiss strict liability claims against the gas distributor, and dismiss the implied warranty of fitness claim; other defendants joined dismissal of the survival claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper defendants named (multiple NSP/Xcel entities) | Strohn asked for discovery before dismissing entities; impliedly contends more than one entity may be involved | NSP said only Northern States Power Company (Minnesota) provided gas and other named entities are inapplicable | Court dismissed Xcel Energy, Inc., Northern States Power Company, and Northern States Power Company–Wisconsin; renamed Northern States Power Company–Minnesota to Northern States Power Company, a Minnesota Corp. (d/b/a Xcel Energy) |
| Survival claim (whether Minnesota or Nebraska law governs) | Strohn urged Nebraska law (residence of decedents) so a predeath pain-and-suffering survival claim is allowed | NSP argued Minnesota law governs and bars survival claims arising from personal injury | Court performed Minnesota choice-of-law analysis, applied Minnesota law, and dismissed the survival claim under Minn. Stat. § 573.01 |
| Strict liability against public gas distributor (exclusive control requirement) | Strohn alleged strict liability design/manufacture/failure-to-warn/post-sale against NSP | NSP argued Minnesota law bars strict liability for public gas distributors absent "exclusive control" of the instrumentality that caused harm | Court found complaint did not plausibly allege NSP had exclusive control (others had access) and dismissed the strict liability claims |
| Implied warranty of fitness for a particular purpose | Strohn asserted breach of implied warranty of fitness | NSP argued no particular-purpose allegation (only ordinary use alleged) | Court dismissed the implied warranty of fitness claim for failure to allege a particular-purpose reliance under Minn. Stat. § 336.2-315 |
Key Cases Cited
- Braden v. Wal-Mart Stores, Inc., 588 F.3d 585 (8th Cir.) (pleading plausibility standard applying Twombly/Iqbal)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading must contain factual content allowing inference of liability)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (complaint must raise right to relief above speculative level)
- Mahowald v. Minn. Gas Co., 344 N.W.2d 856 (Minn. 1984) (public gas distributors not strictly liable absent exclusive control)
- Nodak Mut. Ins. Co. v. Am. Family Mut. Ins., 604 N.W.2d 91 (Minn. 2000) (Minnesota choice-of-law factors)
- Danielson v. Nat'l Supply Co., 670 N.W.2d 1 (Minn. Ct. App.) (contacts and state interest guide interstate order factor)
- Corona de Camargo v. Schon, 776 N.W.2d 1 (Neb.) (Nebraska recognizes predeath pain-and-suffering survival cause)
- Reiser v. Coburn, 587 N.W.2d 336 (Neb.) (Nebraska law permits separate survival actions for predeath pain and suffering)