Approximately five weeks after defendant replaced a water heater in the basement of the Sena home, the house was destroyed in a massive gas explosion, killing decedent. The explosion resulted from the failure of a flexible gas connector on a basement stove. Plaintiffs filed this action against defendant alleging that defendant had installed a water heater in the basement of the Sena premises without obtaining a building permit. They also alleged that defendant had negligently failed to inspect the gas piping, to see a readily apparent dangerous brass flex connector connected to a nearby gas stove and remove or replace the connector, and to warn the occupants of the house of this dangerous condition. In granting defendant s motion for summary judgment, the trial court ruled that the defendant, despite its occupational skills, had no legal duty to notice, inspect, remedy, or warn of a dangerous condition within its plain view, when such condition was not a part of the particular appliance upon which the defendant was working.
Plaintiffs contend such ruling was in error.
Specifically, plaintiffs contend that defendant had a duty to inspect an older gas range, of which defendant was aware and which was within its plain view, for dangerous connectors which defendant knew would ultimately fail and cause an explosion. In support of their position, plaintiffs assert that defendant admitted that, upon viewing such a stove, it would inspect and warn the homeowner if defendant found a faulty connector. We do not agree that defendant had a duty to inspect the stove or to warn the occupants of the home. Summary judgment is a drastic remedy and should be granted only upon a clear showing that there is no genuine issue of material fact. The moving party has the burden of establishing that no triable issue exists and all doubts should be resolved in favor of the non-moving party.