Preferred Risk Mutual Insurance Co. v. Stuart

BEATTY, Justice.

Appeals by Preferred Risk and the Beaches from judgments based upon jury verdicts in favor of the Stuarts. We reverse and remand.

The plaintiffs, James and Jessie Stuart, contracted with Charles and James Beach, d/b/a Charles Beach Carpeting Company, to install a quantity of vinyl flooring in the Stuarts’ house. During the job a problem developed which necessitated separation of the upper floor from the subsurface. A quantity of gasoline was poured onto the surface to effect this separation and during that operation the gasoline ignited resulting in damage to the. house.

The…