Buckbee v. Aweco, Inc.

For the following reasons I respectfully disagree with the majority opinion, finding instead that United Gas was negligent and that Buckbee's fault did not bar his recovery.

The majority misfocuses its attention on the fact that United Gas was not the owner of the heater at the time of the explosion. In so doing, the majority overlooks the crucial fact that United Gas was the owner of the heater when it contracted with Watt and agreed to monitor the proper cleaning of the heater.

The initial inquiry in any determination of actionable negligence on the part of the defendant is whether any causal…