Fluth v. Schoenfelder Constr., Inc.

Facts and Procedural History

[¶2.] On June 3, 2012, a disgruntled tenant set off a gas explosion in the basement of one of Weisser's Mitchell, South Dakota rental properties. The explosion lifted the house off its foundation and caused extensive damage to the interior. After visiting the site, Weisser contacted Schoenfelder to demolish the home and grade the property to normal elevation.

[¶3.] Shortly after Schoenfelder began tearing down the house, Weisser met with Brian Wendelboe, the Mitchell Water Distribution Department foreman. City officials had attempted to access the waterline…