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RUBERG v. SKELLY OIL CO.

No. 49793.

297 N.W.2d 746 (1980)

Luverne R. RUBERG, et al., Respondents, v. SKELLY OIL COMPANY, Appellant, Keith C. Engen and Carl Lundgren, co-partners, d.b.a. Lundgren and Engen Excavating, Respondents, Applit Zimm, d.b.a. Standard Heating Company of Duluth, Respondent.

Supreme Court of Minnesota.

September 5, 1980.

Attorney(s) appearing for the Case

Trenti, Saxhaug, Berger, Carey, Roche, Stephenson & Richards, and Tom Carey, Virginia, for appellant.

Robins, Davis & Lyons and Michael V. Ciresi, St. Paul, and Robert M. Wattson, Minneapolis, for respondent Ruberg, et al.

Hanft, Fride, O'Brien & Harries, Duluth, for respondent Engen and Lundgren, etc.

Johnson, Fredin, Killen, Thibodeau & Seiler, Duluth, for respondent Applit Zimm.

Heard before SHERAN, C. J., OTIS, and PETERSON, JJ., and considered and decided by the court en banc.

OTIS, Justice.

Plaintiff/respondent Luverne R. Ruberg was injured in a gas explosion on March 2, 1973. Thereafter he commenced this negligence action against defendants/respondents Keith C. Engen and Carl Lundgren, doing business as Lundgren and Engen Excavating (hereafter Lundgren and Engen), and defendant/appellant Skelly Oil Company (hereafter Skelly). Skelly subsequently brought in Thermo Products, Inc., and Applit Zimm, doing business as Standard Heating Company...

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