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Herman v. Welland Chemical, Ltd.

United States District Court for the Middle District of Pennsylvania
580 F. Supp. 823 (1984)


Facts

Welland Chemical, Ltd. (defendant) was shipping aluminum chloride anhydrous to a New Jersey company. To ship the materials, Welland loaded the chemicals onto a truck inside hoppers. While the truck was en route, the driver of the truck lost control of the truck, causing the truck to hit a concrete barrier. As a result, eight hoppers fell from the truck and several of them ruptured, causing the chemical to spill onto the street. The chemicals, in combination with the wet road from earlier rain, created a cloud of hydrochloric gas. Several state officials gathered to clean up the mess. Daniel Herman and John Curtis (plaintiffs) were volunteer firemen who agreed to help clean up the mess. Herman was using flares to direct traffic when William Orrach (defendant) approached the firemen and struck them with his car, causing severe injuries. The firemen brought suit against Welland and Orrach, and Welland moved to dismiss the claims asserted against it.

Rule of Law

Issue

Holding and Reasoning (Nealon, C.J.)

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