Opinion

Weyerhaeuser Co. v. Thermogas Co.

  • 620 N.W.2d 819
  • 2000 Iowa Sup. LEXIS 235
  • 2000 WL 1853368
Court
Supreme Court of Iowa
Filed
Dec 20, 2000
Status
Published
Author
Ternus
On the bench
Cady, Lavorato, McGIVERIN, Ternus
Cited by
48 cases

"`"Intervening" is used in a time sense; it refers to later events.'" (Citation omitted.)

How later courts described this case

  • "`"Intervening" is used in a time sense; it refers to later events.'" (Citation omitted.)
  • noting that the statute contains no definition of “assemble,” and concluding “the dictionary meanings of ‘assemble’ and ‘assembler’ contemplate a person or thing that brings together [two or more] things”
  • allowing a plaintiff to bring a general negligence claim under res ipsa loquitur when the plaintiff had an expert who could not pinpoint a defect in a liquid propane fuel tank, but testified the premature explosion of the tank was the result of a defect
  • holding foreseeable intervening force is within scope of defendant’s negligence and will not relieve defendant of liability

Written by the judges who cited it.

The opinion

TERNUS, J.

(concurring in part and dissenting in part).

I concur in the majority opinion m all respects except Division V. I think the trial court correctly refused to instruct on the res ipsa loquitur doctrine. Although expert testimony established that the explosion would not have occurred unless there was a defect in the tank, I do not think this testimony establishes that the explosion would not have occurred in the absence of Thermogas’s negligence. There was no evidence that a defect would not have existed unless Thermogas was negligent or that the defect would have been discovered had Thermogas exercised ordinary care in its inspection or recertifi-cation of the tank. Therefore, I think there was insufficient evidence that the accident would not ordinarily occur in the absence of Thermogas’s negligence.

CADY, J., joins this concurrence in part and dissent in part.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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