This section contains the nature of the case and procedural background.

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.

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