Negligence: Products Liability-Defective Design-Failure to Warn

Where the owner of an ethanol production facility sued the manufacturer of a regenerative thermal oxidizer for negligence and products liability after an explosion and fire, the owner submitted sufficient evidence of a defective design to survive summary judgment, so the judgment as to defective design is reversed, but additional warnings would not have changed the behavior of the owner, so the judgment on the failure to warn is affirmed.

Judgment is affirmed in part; reversed in part; remanded.

Green Plains Otter Tail LLC v. Pro-Environmental Inc. (MLW No. 74726/Case No. 18-3357 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, District of Minnesota, Frank, J. (Thomas B. Orlando, Chicago, argued for appellant) (John Christopher Syverson, Golden Valley, Minnesota, argued for appellee).