Forrest v. Imperial Distribution Services, Inc.
| Decision Date | 25 April 1985 |
| Docket Number | No. 83CA0627,83CA0627 |
| Citation | 712 P.2d 488 |
| Parties | Marion K. FORREST and Julia A. Forrest, Plaintiffs-Appellants, v. IMPERIAL DISTRIBUTION SERVICES, INC., a Delaware corporation; and Paul F. Larned, Defendants-Appellees. . III |
| Court | Colorado Court of Appeals |
John A. Criswell, P.C., John A. Criswell, Englewood, Myrick & Newton, P.C., William E. Myrick, Denver, for plaintiffs-appellants.
Barrows and Sisun, P.C., Thomas H. Barrows, Steven P. Hemmerle, Denver, for defendants-appellees.
In this action to recover damages for personal injuries and loss of consortium, the plaintiffs, Marion K. Forrest and his wife, Julia A. Forrest, appeal from a judgment entered on a jury verdict in favor of the defendants, Imperial Distribution Services, Inc., and Paul L. Larned, one of Imperial's employees. Plaintiffs contend that the trial court erred in refusing their tendered instructions on inherently dangerous and ultrahazardous activities. We reverse and remand the matter for a new trial.
Mr. Forrest was employed by Landfill, Inc., as a heavy equipment operator at a solid waste disposal site located in Adams County, Colorado. Imperial is in the warehousing business and occasionally disposes of various goods and materials for its customers at the dumpsite. One of Imperial's customers is the manufacturer of a highly caustic liquid cleaning compound known as "Super Trump."
On the day of the accident, Larned was instructed by his supervisor to take a 15-gallon container of Super Trump and various other items to the dumpsite and dispose of them in a "special burial." A special burial is a procedure used by Landfill, Inc., at the request of its customers, to prevent materials from being taken or removed from the dumpsite.
After Larned unloaded the materials at the dumpsite, one of Landfill's employees drove a large trash compacting machine over them causing the 15-gallon container of Super Trump to burst open. Some of the Super Trump splashed on Mr. Forrest, who was standing nearby, and as a result, Mr. Forrest was permanently blinded in his right eye, the vision in his left eye was impaired, and his face was severely burned.
It is axiomatic in the law of negligence that the greater the risk, the greater the degree of care required to avoid injury to others. Blueflame Gas, Inc. v. Van Hoose, 679 P.2d 579 (Colo.1984). Here, we conclude that given the highly caustic nature of the cleaning compound, the jury could have reasonably determined that it was a dangerous substance and that the defendants, in delivering the material to the dumpsite, were engaged in an inherently dangerous activity. As noted by the court in Western Stock Center, Inc. v. Sevit, Inc., 195 Colo. 372, 578 P.2d 1045 (1978):
The defendants contend that after the cleaning compound was delivered to the dumpsite, Landfill, Inc., and its employees were solely responsible for the risk of harm or danger presented. We disagree.
Although the "special burial" procedure was carried out by Landfill's employees, the jury could have reasonably determined the defendants delivered the cleaning compound to the dumpsite without adequately warning Landfill's employees of the potential danger and that this failure to warn adequately was the proximate cause of the resulting injuries. Blueflame Gas, Inc. v. Van Hoose, supra.
The defendants further contend that the higher degree of care standard is required only when: (1) the activity is inherently dangerous; (2) the defendant possesses expertise in dealing...
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