Broussard v. Continental Oil Co.

Mildredge T. Broussard (plaintiff), a carpenter’s helper, was employed by Crain Brothers Construction Company. Broussard and Sanders Miller, a carpenter, were building a sump-box enclosure at the end of a natural-gas vent line at a Continental Oil Co. (Conoco) (defendant) plant. At the jobsite, both Broussard and Miller could hear and smell natural gas escaping from the vent line. Miller twice notified a Conoco foreman and requested the gas be turned off, but the request was refused on the ground that the entire plant would have to be shut down. Sparks from a drill Broussard was using ignited the natural-gas fumes emitted from the vent line and caused an explosion, badly burning him. Broussard brought a personal-injury action against Black & Decker (U.S.) Inc. (defendant) and the Home Insurance Company (defendant). Evidence showed that sparks were normally emitted from such drills and this was not a design defect. Broussard and Miller both testified that they were unaware that sparks from a drill could ignite atmospheric gases. Conoco’s foreman, Allen Nunez, also testified that no one at Conoco was aware of the possibility. A warning about the exact situation appeared in the Black & Decker owner’s manual (Item 18), which was placed in every drill box as it left the manufacturer’s control. Item 18 provided: “DO NOT OPERATE portable electric tools in gaseous or explosive atmospheres. Motors in these tools normally spark, and the sparks might ignite fumes.” Broussard maintained that the warning should have been placed on the drill itself. The warning on the drill read, “CAUTION: For Safe Operation See Owner’s Manual.” Broussard’s witness suggested using symbols for warnings on the drill. The jury found that Black & Decker was not at fault for failure to adequately warn, and Broussard appealed.