Gaines-Tabb v. ICI Explosives, USA, Inc.

160 F.3d 613 (1998)

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Gaines-Tabb v. ICI Explosives, USA, Inc.

United States Court of Appeals for the Tenth Circuit
160 F.3d 613 (1998)

EL

Facts

Timothy McVeigh and Terry Nichols mixed 400 pounds of explosive-grade fertilizer with fuel to create a bomb that exploded outside the Murrah Building in Oklahoma City. The bomb killed 168 people and injured hundreds of others. Survivors of those killed, along with those injured in the blast (collectively, the victims) (plaintiffs), sued ICI Explosives, Imperial Chemical Industries, PLC, and ICI Canada (collectively, the fertilizer manufacturers) (defendants) in federal district court, alleging that the fertilizer manufactures sold explosive-grade fertilizer mislabeled as fertilizer-grade fertilizer to the farm store where McVeigh or Nichols purchased the fertilizer they used to make the bomb. The victims claimed the fertilizer manufacturers defectively designed the fertilizer because a safer formula could have included additives to prevent the fertilizer from detonating. The victims also alleged that the fertilizer manufacturer failed to warn the farm store of possible misuse of explosive-grade fertilizer. The fertilizer manufacturers filed a motion to dismiss for failure to state a claim. The federal district court granted the fertilizer manufacturers’ motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Ebel, J.)

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