Fletcher Rabb v. Hazel Veony Coleman

Hazel Veony Coleman, individually and as next friend of her minor son, Allen Scott Coleman, brought this suit against Fletcher Rabb d/b/a Vapo Gas and Appliance Co. and his employee, Les Trexler, for the death of Mike Coleman, their husband and father respectively. Colemans death occurred as a result of the escape and explosion of butane and propane gas during a routine tank servicing operation at the family residence of the deceased. The trial court rendered judgment for the defendants below after a jury trial. The court of civil appeals reversed and remanded, holding the defense of volenti non fit injuria was improperly submitted. 461 S.W.2d 431. We reverse and remand to that court.