Nationwide Mut. Ins. Co. v. Barton Solvents, Inc.
Annotate this CaseA.H. Meyer & Sons, Inc. produced honey and beeswax at a plant in Winfred, South Dakota. Barton Solvents, Inc. sold the heptane to A.H. Meyer that A.H. Meyer used in its beeswax rendering process. The heptane was manufactured by CITGO Petroleum Corporation. In 2009, A.H. Meyer suffered a heptane explosion at its plant. Nationwide Mutual Insurance paid for the damage. Nationwide subsequently filed suit seeking subrogation from Barton Solvents and CITGO on causes of action alleging strict liability, negligence, and breach of express and implied warranties. All theories were premised on the theory that Defendants failed adequately to warn of heptane’s dangers. The circuit court granted summary judgment for Defendants. The Supreme Court affirmed, holding that summary judgment was appropriate because no material issues of disputed fact existed with respect to the adequacy of the warnings.
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