The defendant engineering firm brought a motion for summary judgment to dismiss the plaintiff's action for indemnification and damages arising from a fatal industrial explosion.
The plaintiff alleged the defendant breached its contract and professional standard of care by failing to complete a required Pre-Start Health and Safety Review and failing to warn of the imminent danger posed by combustible aluminum dust.
The court dismissed the motion, finding genuine issues for trial regarding whether the defendant breached its legislative and common law duties, and whether such breaches caused or materially contributed to the plaintiff's economic losses.
