Wills v. Bath Excavating & Construction Co.

Opinion by

Judge NEY.

In this personal injury action, plaintiffs, Norman and Jeanie Wills, appeal the summary judgment entered in favor of defendants, Bath Excavating and Construction Company and Hahn Plumbing and Heating, Inc. We reverse and remand with instructions.

While searching, under the direction of defendant Hahn, for underground water pipes, defendant Bath, using heavy excavating equipment, first severed a service line and then caused a second leak in a larger water main. The resultant high-pressure water flow enlarged and filled the excavation. A crew from the City of Fort Collins,…