Dole v. Dow Chemical Company

The Dow Chemical Company (Dow) (defendant) manufactured chemicals, including methyl bromide (chemical). Dow labeled the chemical as being poisonous, dangerous, and highly volatile. George Urban Milling Company (Urban) employed Ralph Dole, the husband of Bernice Dole (plaintiff). Urban directed Ralph to clean an enclosed bin that had been fumigated with the chemical, leading to the Ralph’s death. Dole sued Dow for negligently causing her husband’s death. Per Dole, Dow failed to adequately warn users of the chemical’s dangers, including by failing to warn about the dangers of exposure to the chemical in an enclosed area and by failing to warn about the need to effectively dissipate the chemical’s vapors after exposure in an enclosed area. Dow, in turn, filed a third-party complaint against Urban seeking contribution, alleging that Dow’s label fully warned Urban about the chemical’s danger, that Dow provided Urban with written material regarding the use of the chemical in fumigation, and that Urban had access to and knowledge of this written information. According to Dow, if Dole’s husband’s death was due to negligence, Urban was actively and primarily negligent while any negligence by Dow was merely passive and secondary. Urban moved to dismiss Dow’s contribution complaint. The supreme court denied Urban’s motion. The appellate division reversed, ruling that Dow would not be entitled to contribution from Urban if Dole proved that Dow’s negligence contributed to Dole’s husband’s death even if Urban also was negligent. Dow appealed.