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Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
Minnesota Supreme Court Reverses Ruling Regarding Applicability of Ten-Year Statute of Repose to Utility Lines
Date: Sep 18, 2006 — Minneapolis, MN
The Minnesota Supreme Court recently reversed the Minnesota Court of Appeals' ruling in a natural gas pipeline leak matter involving the ten-year statute of repose.
In 2002, a natural gas pipeline intersecting a sewer pipe beneath a trailer park was ruptured by an auger during an attempt to unclog the sewer system. Leaking natural gas entered nearby homes and ignited, resulting in damage to the property of several park residents. Plaintiff individuals and their insurers brought suit against both the construction company that installed the pipeline in 1990 and the gas company that owned and operated it.
The district court granted summary judgment for both defendants. The Court of Appeals reversed the summary judgment for the gas company on the grounds that the pipeline was not an “improvement to real property” but rather a part of a utility distribution system which was owned and controlled by the gas company. The court held that a 10-year statute of repose for improvements to real property did not apply. The court also held that a prima facie case of negligence exists where an explosion is caused by a natural gas leak owned by a utility, notwithstanding absence of any notice of the leak.
The Supreme Court reversed the Court of Appeals, holding that the new pipeline was an “improvement to real property” and that the plaintiffs failed to show any evidence of negligence in the “maintenance, operation, or inspection” of the property. The Court also rejected an argument that a gas company is strictly liable when “gas escapes from a pipe over which the gas company has control and for which it is responsible.” The Court held that such a rule does not apply where others are responsible for the gas leak and the gas company had no notice of the defect.
Bassford Remele Shareholders Dale M. Wagner and Charles E. Lundberg successfully represented the defendant gas company in this matter. State Farm Fire and Casualty v. Aquila Inc., 718 N.W.2d 879 (Minn. 2006). Link to Supreme Court Opinion
Mr. Wagner has focused upon trial work and civil disputes for more than 25 years. He practices in the areas of products liability, contracts and commercial, insurance law, trade secret, employment, and noncompetition litigation. Mr. Wagner has consistently been named a “Super Lawyer,” and one of Minnesota's Top 40 Appellate Lawyers and one of Minnesota's Top 40 Business Litigation Lawyers by Minnesota Law & Politics.
Mr. Lundberg has handled hundreds of appeals and is recognized as one of the state's top appellate attorneys. He was recently inducted as a Fellow in the American Academy of Appellate Lawyers. In addition to more than 25 years of experience in appellate law, Mr. Lundberg is a “lawyer’s lawyer,” advising attorneys and law firms on matters involving legal malpractice, legal ethics and other aspects of the law of lawyering. He served for twelve years on the Minnesota Lawyers Professional Responsibility Board, the last six of those years as Board Chair.
Bassford Remele, A Professional Association, is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.