Exxon Corp. v. Jones, A93A0801
| Decision Date | 22 June 1993 |
| Docket Number | No. A93A0801,A93A0801 |
| Citation | 433 S.E.2d 350,209 Ga.App. 373 |
| Parties | , Prod.Liab.Rep. (CCH) P 13,682 EXXON CORPORATION v. JONES. |
| Court | Georgia Court of Appeals |
Alston & Bird, Linda G. Carpenter, Dow N. Kirkpatrick II, Atlanta, for appellant.
Lane, O'Brien, Caswell & Taylor, Richard L. Ormand, Darryl B. Cohen, Marsha L. Sutherland, Atlanta, for appellee.
The appellee/plaintiff, Albert Jones, brought the instant negligence and product liability action against appellant/defendant Exxon Corporation (Exxon) and defendant Tugalo Gas Company (Tugalo), the retail distributor of the gas, as a result of an explosion which occurred while Jones and his deceased wife were visiting the home of the Carsons, in-laws of Jones. 1 The explosion resulted in the death of Jones' wife, and in Jones sustaining serious and disabling injuries. The explosion was caused by the ignition of gas vapors. The gas had been delivered to the Carsons' home by Tugalo who in turn purchased the gas from Exxon. In addition to acts of negligence asserted against Tugalo, Jones specifically asserted in his complaint that Exxon negligently failed to warn of the dangerous propensities associated with the use of its product, negligently sold LP gas to inadequately trained personnel, and negligently failed to adequately train those personnel handling its LP gas. Exxon responded to the complaint, and asserted several defenses. After the commencement of discovery, Exxon's initial motion for summary judgment was denied by the trial court. Approximately nine months later, Exxon renewed its motion for summary judgment and this motion was also denied by the trial court. The trial court, however, certified the matter for immediate review, and we granted Exxon's interlocutory application.
The record viewed in the light most favorable to Jones, the nonmovant, shows that Tugalo has purchased liquified petroleum gas in bulk from Exxon continuously since 1978 for the purpose of selling the gas to consumers. The gas arrives in Georgia through a pipeline source in Milner, Georgia, and is thereafter transported by Tugalo trucks from Milner, Georgia to Tugalo's facility in Toccoa, Georgia, where it is sold to the ultimate consumer. On September 28, 1984, George Roberts, a driver employed by Tugalo, delivered approximately 400 gallons of gas to the Carsons' home. He admitted that he had been given a pamphlet from Tugalo on the handling of LP gas. However, he has not received any training from Exxon. On the day in question, he turned off the gas supply to the Carsons' home and left a delivery ticket on the lid notifying the Carsons that the gas supply to the home had been turned off because the Carsons' tank was empty. Carson was aware of the delivery and opened the valve to permit the gas to flow from the tank.
Robert Axworthy, an official with a major LP gas manufacturer, averred in an affidavit that, according to the standards of the industry, Tugalo's delivery driver should have advised the Carsons not to open the tank valve until an LP professional could check the system for leakage since the Carsons' tank had been completely empty. The purpose of this standard is to protect the customer from critical dangers such as explosions. He further declared that Exxon violated the safety standards by not supplying Tugalo with sufficient safety literature and training.
Upon his arrival for a visit at the Carsons' home on October 4, 1984, Jones and his wife smelled gas vapors. Jones was aware that a gas leakage could cause an explosion and was familiar with the underground gas lines. As his wife walked into the home of the Carsons following a shopping trip with Mrs. Carson, the decedent's sister, the explosion occurred, resulting in the injuries to Jones and the death of his wife. According to a fire safety specialist with the state fire marshal's office, the explosion occurred between the floor of the house and the ground, which was the area where the LP gas had accumulated. Approximately 250 gallons of LP gas had gathered under the Carsons' home between the date of delivery and the date of the explosion. The LP gas tank was located approximately 17 feet from the exterior of the Carsons' home.
In support of its renewed motion for summary judgment, Exxon submitted the affidavit of James Cornwell, Sr., a former account executive with Exxon. In the affidavit, Cornwell averred that he observed that pamphlets concerning the safety of LP gas were mailed directly to the customers by Tugalo. He also opined that Tugalo and its employees were trained in and familiar with...
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