He had been trained as a
machinist while serving in the United States Navy and after discharge from the Navy had been
employed at a number of jobs, including nine years employment in a Midas muffler shop in Sioux
Falls, South Dakota. In 1985, the Wielgus family moved to Murfreesboro, Tennessee. From
September 1991 until the date of the accident in issue on May 8, 1995, Mr. Wielgus continuously
worked at a Midas muffler shop in Murfreesboro owned by Dale Colwell. He was the manager of
the muffler shop where three technicians were employed, and his duties included working on
automobiles. On May 8, 1995, he noticed a technician at the bay near the end of the shop attempting
to raise a truck on the Dover rotary lift, model AP-50H, involved in this case. The liftwas
“jumping” because it was low on hydraulic oil. This automatic lift was an “in-ground” lift with the
air/oil tank located in the ground. He first removed the plate covering the air/oil tank. He next
undertook to remove the fill plug on the air/oil tank in order to correct the hydraulic oil deficiency.
Unfortunately, unknown to Mr. Wielgus, the air/oil tank was pressurized and when he removed the
fill plug an explosion occurred driving a pipe from the air/oil tank into his chest and resulting in
severe and permanent injuries.

       The record shows that Dale Colwell became a Midas franchisee in December 1986. The
automotive lift involved in the accident had been manufactured by Dover Industries and sold to
Midas International Corporation who in turn sold it to Mr. Colwell.