Mast v. Standard Oil Co. of California

680 P.2d 155, 140 Ariz. 19, 1983 Ariz. App. LEXIS 697
CourtCourt of Appeals of Arizona
DecidedMarch 8, 1983
DocketNo. 1 CA-CIV 5517
StatusPublished
Cited by2 cases

This text of 680 P.2d 155 (Mast v. Standard Oil Co. of California) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mast v. Standard Oil Co. of California, 680 P.2d 155, 140 Ariz. 19, 1983 Ariz. App. LEXIS 697 (Ark. Ct. App. 1983).

Opinion

OPINION

OGG, Presiding Judge.

This appeal arises from a tragic fire and explosion of a tank car in Kingman, Arizona. The initial fire severely burned two workmen unloading the car (decedent Marvin Mast and Donald Formentini) and led to the subsequent explosion of the tank car which killed and injured more than 100 people.

Plaintiff-appellant Loretta Mast, widow of Marvin Mast, appeals from a summary judgment granted in favor of defendant-appellee Standard Oil Company of California (Standard Oil) 1 Plaintiff-appellants Donald and Lola Formentini, husband and wife, appeal the summary judgment in favor of Standard Oil and the Atchison, Topeka and Santa Fe Railway Company (Santa Fe). Mrs. Mast and the Formentinis also appeal from the trial court’s order denying a new trial.

The primary issue raised by appellants in their appeal of Standard Oil’s summary judgment is whether there was sufficient negative evidence to show that lack of odorization of the liquefied petroleum gas (LPG) in the tank car was a proximate cause of the fire and injuries sustained by Mast and Formentini. In their appeal of Santa Fe’s summary judgment, the For-mentinis raise the issue of whether Santa [21]*21Fe is liable in its status as common carrier and lessor for transporting a load of LPG to allegedly defective unloading facilities maintained on premises leased by Santa Fe. A second issue raised by the Formentinis is whether Santa Fe is strictly liable for engaging in an ultrahazardous activity.

Briefly stated, the factual and procedural history of this extended litigation is as follows. At the time of the accident, Marvin Mast and Donald Formentini were employees of Williams Energy Company (Williams) in Kingman.2 Mast was plant manager with extensive experience in handling tank cars loaded with LPG. Formentini was employed by Williams three months prior to the accident as a maintenance worker and as a delivery driver of propane gas. He had minimal experience with liquefied gases and had never been on top of a tank car before the accident.

On the day of the accident, July 5, 1973, Mast and Formentini climbed on top of the tank car to prepare the transfer of LPG from the car, located on Williams’ industry track, to the plant storage tanks. The transfer of the LPG was to be made through the plant unloading riser, which consisted of two lines for liquid LPG and one for vaporized LPG. These lines were comprised of piping, swivel joints, flexible rubber hoses, wire clamps and couplings connected to the tank car transfer valves by adapter pipes. The transfer valves were located in the dome of the tank car. A compressor at the plant site pumped vaporized LPG from nearby storage tanks into the car, which forced LPG out of the liquid transfer valves into the riser and through an underground pipeline to the storage tanks.

While on top of the tank car, Mast and Formentini performed preliminary steps in the transfer process. After measuring the temperature and liquid level of the LPG, they screwed the three adapter pipes into the tank car transfer valves and connected the pipes to the three lines on the unloading riser. Mast then partially opened, and approximately twenty minutes later, fully opened the tank car vapor transfer valve, filling the vapor line with vaporized LPG. Each of the liquid transfer valves was then slightly opened, which allowed the LPG to enter the liquid unloading lines.

At that point, Mast stated that he heard something leaking. In an effort to stop the leak, Mast struck several short blows against the riser hose vapor line coupling with the back of an aluminum wrench. Mast, however, still heard something leaking. Formentini tested the air for odor but did not smell any LPG leaking. When Mast struck a coupling on one of the liquid lines, the leaking LPG gas ignited, severely burning Mast and Formentini. Mast died that day from injuries sustained in the fire. Formentini survived but is permanently and severely disfigured.

After Mast and Formentini were removed from the area, the fire emanating from the unloading apparatus was directed onto the tank car, causing the shell to rupture. The LPG inside immediately vaporized and ignited, creating a large fireball which killed eleven firemen and injured many persons nearby.

All of the personal injury lawsuits stemming from the subsequent explosion of the tank car were dismissed with prejudice by settlement and are not at issue in this appeal. In June of 1979, the trial court granted all defendants’ motions for summary judgment against the plaintiffs Loretta Mast and the Formentinis. This appeal of the judgments in favor of Standard Oil and Santa Fe and from the order denying a motion for new trial followed.

In reviewing the summary judgments granted by the trial court in this matter, we first note that a motion for summary judgment may be granted only when the evidence, viewed in a light most favorable to the party opposing the motion, shows that there are no material questions of fact and that the moving party is entitled to judgment as a matter of law. Fer-[22]*22ree v. City of Yuma, 124 Ariz. 225, 603 P.2d 117 (App.1979). Extreme care should be exercised in granting summary judgment, Northern Contracting Co. v. Allis-Chalmers Corp., 117 Ariz. 374, 573 P.2d 65 (1977). This is especially true in cases which involve negligence issues because such issues are not generally appropriate for summary adjudication. Taylor v. Mueller, 24 Ariz.App. 403, 539 P.2d 517 (1975).

Following these general precepts, we now review the summary judgments in favor of Standard Oil and Santa Fe.

I. THE STANDARD OIL SUMMARY JUDGMENT

The appellants allege that if the tank car was filled without odorant, Standard Oil was liable under theories of strict product liability or common law negligence. Odo-rant is added to LPG to warn of its presence at certain concentrations. The common industry odorant is mercaptan (often referred to as “skunk oil”), which has a pervasive odor similar to skunk odor.

The only direct evidence pertaining to whether the LPG was odorized are the documents prepared by Standard Oil employees when the LPG was loaded into the tank car at Standard Oil’s refinery. These documents indicate that Standard Oil personnel odorized the LPG before it left the refinery.

The appellants argue, however, that there was sufficient negative evidence that the LPG was not odorized to present a jury question, and rely on Shell Oil Co. v. Collar, 99 Ariz. 154, 407 P.2d 380 (1965), and Byars v. Arizona Public Service Co., 24 Ariz.App. 420, 539 P.2d 534 (1975).

[NJegative evidence can rise to the level of probative value only when coupled with a sufficient predicate, consisting of additional testimony or circumstances to show that the witness’ position and attitude of attention were such that he probably would have heard or seen the occurrence of the event had it happened.

Id. at 424, 539 P.2d at 538.

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680 P.2d 155, 140 Ariz. 19, 1983 Ariz. App. LEXIS 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mast-v-standard-oil-co-of-california-arizctapp-1983.