# Weyerhaeuser Co. v. Thermogas Co.

> Supreme Court of Iowa · December 20, 2000 · 620 N.W.2d 819

URL: https://www.frixlaw.com/law-library/cases/9672542

## Case

- **Full name:** WEYERHAEUSER COMPANY, Appellant, v. THERMOGAS COMPANY, Appellee, Blackhawk Automatic Sprinklers, Inc. and Clark Equipment Company, Defendants
- **Court:** Supreme Court of Iowa
- **Decided:** December 20, 2000
- **Citations:** 620 N.W.2d 819; 2000 Iowa Sup. LEXIS 235; 2000 WL 1853368
- **Precedential status:** Published
- **Opinion:** Concurring in part by Ternus
- **Judges:** Cady, Lavorato, McGIVERIN, Ternus
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672542

## How later opinions describe it (automated extraction)

- 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”
- holding foreseeable intervening force is within scope of defendant’s negligence and will not relieve defendant of liability

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672542. Public record. Not legal advice.