Date: January 12, 2015

District Court in Otter Tail County Grants Foley & Manfield Propane Client Summary Judgment

by foleyandmansfield
Date: January 12, 2015
by foleyandmansfield

District Court in Otter Tail County Grants Foley & Manfield Propane Client Summary Judgment

The District Court in Otter Tail County, Minnesota recently granted our client, a large propane wholesaler, summary judgment.

A woman was severely injured after a propane explosion at her home in Parkers Prairie, Minnesota. The woman, and nearby property owners and their insurers, made various claims for personal injuries and property damage.

The Court dismissed all of Plaintiffs’ claims against our client. The Judge adopted our argument that Plaintiffs’ negligence-based claims failed because our client owed Plaintiffs no duty. The Court also held Plaintiffs failed to prove causation against our client. The Court specifically held that the propane our client sold to Plaintiff’s propane retailer was properly odorized, and therefore not defective as a matter of law. Based on this finding, the Court also dismissed Plaintiffs’ warranty and strict liability claims.

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