SC20422 - Gonzalez v. O & G Industries, Inc. ("Almost twelve years ago, an explosion occurred at a natural gas fueled, power generating
facility under construction in Middletown. The devastating blast and ensuing fire took the lives of six construction employees and injured nearly thirty more. Several
of the victims and their families brought this tort action
against the owner of the power plant, the owner’s administrative agent, the general contractor, and others. The
plaintiffs claimed that the general contractor’s oversight
during construction caused the tragedy, and that the
owner and administrative agent were liable for that
oversight under theories of strict liability for abnormally
dangerous activities and negligence. After their claims
against the general contractor were resolved in the contractor’s favor, the plaintiffs sought relief from the
defendant owner and administrative agent. The plaintiffs’ two theories of tort liability were bifurcated. With
respect to the plaintiffs’ strict liability claims, the defendants asserted that they were not strictly liable because
the procedure that caused the explosion was not abnormally dangerous. Following an evidentiary hearing, the
trial court agreed and rendered judgment for the defendants with respect to the strict liability claims. Then,
the defendants sought summary judgment with respect
to the plaintiffs’ negligence claims, asserting that they
were not liable in negligence because it was the general
contractor, not the owner or administrative agent,
which exercised control over the procedure that caused
the explosion. The court agreed, granting the defendants’ motions for summary judgment with respect to
the negligence claims. The plaintiffs appealed, and we
must decide whether tort remedies are available to the
plaintiffs following this tragic event.
...
We agree with the defendants with respect to the
first issue and conclude that the gas blow procedure
is not an abnormally dangerous activity and that the
plaintiffs cannot maintain a strict liability claim. We
also agree with the defendants with respect to the second issue and conclude that no reasonable jury could
find that the defendants exercised control over the gas
blow procedure. Finally, we decline to review the plaintiffs’ two additional negligence arguments because we
conclude that those arguments are inadequately
briefed."