RUZZI V. BUTLER PETROLUEM COMPANY
527 Pa. 1, 588 A.2d 1 (1991)
NATURE OF THE CASE: Butler (D) petroleum company and cross-defendant contractor filed
cross-petitions for review of a judgment, which awarded Ruzzi (Ps), victim and his wife,
judgment in a personal injury action. D sought a determination of whether an indemnity
clause was legally binding, and cross-defendant contractor contended the trial court erred
in admitting testimony of an expert witness.
FACTS: Zinsser entered into an agreement with D which provided that D would refurbish
Zinsser's gasoline station, fitting it, among other things, with gasoline tanks, appropriate
plumbing and pumps for the tanks, a Texaco credit card imprinter, a Texaco sign, and a
complete exterior painting scheme following the Texaco pattern. Zinssers would purchase
petroleum products from D for a certain length of time. The agreement contained an indemnity
clause. A sign was being installed. D arranged Shockey for the purchase and transportation
of four used fiberglass gasoline tanks, three of which were to be installed below ground at
Zinsser's station, but which at the time P arrived, were sitting on the ground near the
sign. One of the tanks had a hole in the top and contained 50 to 100 gallons of gasoline. No
one saw the hole or realized that the tank contained gasoline. P was injured when a torch he
was using to cut rusted bolts from the existing sign ignited fumes escaping from the
fiberglass tank, causing an explosion and fire and knocking P from his ladder. P filed suit
seeking damages for personal injuries. The jury returned a verdict in favor of P and against
D and Shockey in the amount of $321,000.00. The trial court also awarded delay damages of
$67,981.85 and the verdict was molded to include delay damages for a total award of
$388,981.85. One of the issues on appeal was whether the trial court erred in admitting the
testimony of an expert witness.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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