The decedent was a dye company worker from North Dakota who had decades of experience. He suffered second- and third-degree burns to more than 65 percent of his body when he accidentally mixed two chemicals that, when combined, were combustible. The worker died from his injuries. The defendant had delivered a large tote of one of the chemicals. It was identical to a tote containing another chemical that was delivered that day. Both totes had the same color placard, even though they had always had different colored placards to make identification of the contents easier. In a wrongful death action, the […]
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