DANIELS v. SCOTT

DANIELS v. SCOTT
1959 OK 57
340 P.2d 223
Case Number: 37946
Decided: 04/07/1959
Supreme Court of Oklahoma

LILLIAN DANIELS, PLAINTIFF IN ERROR,
v.
L.C. SCOTT, SR., D/B/A SCOTTIE'S BUTANE AND PROPANE COMPANY, L.C. SCOTT, JR., AND HERCULES CASUALTY & INSURANCE COMPANY, DEFENDANTS IN ERROR.

Syllabus by the Court.

¶0 Under the provisions of Title 52 O.S.Supp.1955, § 420.4 of the Liquefied Petroleum Gas Act, requiring a retailer as a condition precedent to securing a registration permit for the operation of such a business, to file with the administrator a Certificate of Insurance showing the issuance of Public Liability and Property Damage Insurance, the purpose is to protect the public, and a plaintiff injured by the retailer operating under said law may join the insurance company as party defendant, the joint liability arising by operation of law.

Appeal from District Court of Cleveland County; Elvin J. Brown, Judge.

Action for damages for personal injuries from burning gas by Lillian Daniels against L.C. Scott, Sr., doing business as Scottie's Butane and Propane Company, L.C. Scott, Jr., and Hercules Casualty and Insurance Company, a corporation. From an order striking Hercules Casualty and Insurance Company as a defendant and all reference to insurance from the petition, plaintiff appeals. Reversed with instructions.

Bailey & Whitlock, Norman, Priest & Belisle, Oklahoma City, for plaintiff in error.

Foliart, Hunt & Shepherd, Oklahoma City, Homer Cowan, Norman, for defendants in error.

Duke Duvall & DeVier Pierson, Oklahoma City, amici curiae.

DAVISON, Chief Justice.

¶1 This is an action brought by Lillian Daniels against L.C. Scott, Sr., doing business as Scottie's Butane and Propane Company (hereinafter referred to as Scott, Sr.) and L.C. Scott, Jr. (hereinafter referred to as Scott, Jr.) and Hercules Casualty and Insurance Company, a corporation (hereinafter referred to as Hercules Company) to recover damages for personal injuries received by her as a result of an explosion of propane gas.

¶2 The defendant, Scott, Sr., is registered with and has a permit from the State Liquefied Petroleum Gas Administrator for the distribution and sale of propane gas, and the defendant, Hercules Company, is his insurance carrier, and defendant, Scott, Jr., is alleged to be the agent and servant of Scott, Sr.

¶3 In her petition plaintiff alleged that in 1951 Scott, Sr., installed a propane tank at the home of plaintiff's mother-in-law and serviced and filled the tank thereafter; that on September 8, 1956, the mother-in-law requested Scott, Sr., to replenish the supply of propane in the tank; that Scott, Jr., made the delivery late in the evening of that day. The petition contains several allegations of negligence in the installation of the tank and the manner in which it was filled and particularly that it was filled too full; that the plaintiff was present at the home of her mother-in-law the next day and that at about 12:30 p.m. of said date the outside temperature had increased causing the liquid gas to expand and spray from the tank and upon plaintiff and the house; that the gas ignited and exploded, seriously injuring and burning the plaintiff.

¶4 As to the defendant, Hercules Company, it is alleged that said defendant in accordance with the provisions of Section 420.4, Title 52 Oklahoma Statutes (1955 Session Laws) issued and filed with the said State Liquefied Petroleum Gas administrator a certificate of insurance covering the operations of Scott, Sr.; that the filing of the certificate of insurance was a required condition precedent to the issuance of a Registration Permit to Scott, Sr., and made Hercules Company jointly liable with Scott, Sr. Copies of the Certificate of Insurance and of the Liability Policy were attached to the petition.