Bain v. Doyle

Opinion by

JUDGE JONES

Plaintiffs, John and Patricia Bain, and plaintiff-intervenor, New Hampshire Insurance Company, appeal the summary judgment entered in favor of defendant, William Doyle (landlord). We affirm.

John Bain, a plumber and owner of Beaver Creek Plumbing and Heating Company, was hired by landlord to repair a sewer line which serviced a warehouse that the landlord owned. The landlord had leased a unit in the warehouse to the Town of Avon (tenant). In October 1987, while Bain was performing repairs, the trench that was being excavated caved in and, together with rescue attempts,…