Eberhard v. Bruhn

Opinion

FLEMING, J.

Eberhard was injured in a fire at his house, which broke out while an employee of Bruhn was installing a countertop in the kitchen. Eberhard sued Bruhn for negligence and breach of warranty, and a jury found in favor of Bruhn. On appeal Eberhard contends the jury was erroneously instructed in the law.

On the day of the fire Lykken, an employee of Bruhn, came to Eberhard’s house to install a formica top on a counter next to a gas stove in the kitchen. After arranging his materials and preparing the surface of the counter for the formica Lykken opened a gallon can of Grip, a…