Dunlop Tire and Rubber Corp. v. FMC Corp.

53 A.D.2d 150, 385 N.Y.S.2d 971 (1976)

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Dunlop Tire and Rubber Corp. v. FMC Corp.

New York Supreme Court
53 A.D.2d 150, 385 N.Y.S.2d 971 (1976)

SH

Facts

FMC Corporation (defendant) had a chemical manufacturing plant in Tonawanda, New York. Dunlop Tire and Rubber Corporation (Dunlop) (plaintiff) had a tire factory located just across the train tracks from FMC’s plant. There was an explosion at FMC’s plant that damaged Dunlop’s factory by concussive force and by sending flying stones and debris raining down on the factory. The explosion also damaged some power-distribution lines owned by Niagara Mohawk Power Company that passed in front of the plant, which caused Dunlop to lose power and shut down its factory for 24 hours. Dunlop filed suit against FMC and among several claims, Dunlop made a claim for negligence and asked for lost-profit damages related to the 24-hour shutdown due to lost power. FMC filed a motion to dismiss the negligence claims related to the damage to Niagara Mohawk’s lines. The trial court denied the motion, and FMC appealed.

Rule of Law

Issue

Holding and Reasoning (Simons, J.)

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