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Keywords

defendantnegligenceliabilitycorporationcomplianceregulationstrict liability
plaintiffdefendantliabilitytrialcorporationstrict liability

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Otero v. Burgess, 84 N.M. 575, 505 P.2d 1251, 1973 -NMCA- 003

Facts

The decedent, a 22-year-old electrician, was killed in an explosion at a Kerr-McGee mine while attempting to install electrical boxes within ten feet of a powder magazine containing dynamite. He had been instructed on the proper use of a spad gun and was warned about the proximity of the dynamite. Witnesses indicated that he was working over the powder magazine when the explosion occurred, and evidence suggested he fired the spad gun into the dynamite storage box, causing the explosion.

Decedent, a 22 year old electrician, was killed by an explosion in a Kerr-McGee mine during its construction phase. Dynamite was used in that phase and approximately 75 sticks were in the mine storage box (powder magazine) at the junction of the 7000-7800 drifts of the 1-5 level. Only daily blasting quantities of dynamite were kept below surface.

Issue

The main legal issues were whether strict liability applied to the storage of dynamite and whether the defendants were negligent in their handling of the dynamite and in their instructions to the decedent.

Plaintiff seeks reversal on four grounds: (1) liability without fault for those who store dynamite; (2) absolute liability under the theory of ‘nuisance in fact’ because of the location of the dynamite storage box; (3) lack of substantial evidence to support the trial court's finding that decedent fired a spad gun into the storage box and the conclusion of law that decedent was contributorily negligent; and (4) defendant's failure to use the degree of care commensurate with the danger to be apprehended.

Rule

The court applied the principle that strict liability does not apply if the storage of dynamite is appropriate under the circumstances and does not inherently involve a risk of serious harm to others.

The court further held that strict liability was not applicable where dynamite was stored in appropriate place under circumstances then existing, storing of dynamite did not of itself involve risk of serious harm to any person and where dynamite had been properly handled and stored in accordance with established safety procedures of owner of mine and the mining industry generally.

Analysis

The court found that the dynamite was stored in compliance with safety regulations and that the actions of the decedent, specifically firing the spad gun into the storage box, were the proximate cause of the explosion. The court noted that the storage of dynamite did not constitute an ultrahazardous activity in this context, as it was handled according to established safety procedures.

The trial court also made the following unchallenged findings of fact. These unattacked findings are the facts of the case (s 21-2-1(15)(16)(b), N.M.S.A.1953 (Repl.Vol.1970)) and are in part as follows: ‘10. The dynamite was stored in an appropriate place under the circumstances then existing. ‘11. The storing of the dynamite did not of itself involve a risk of serious harm to any person. ‘… ‘14. The dynamite which was involved in the accident in this case had been properly handled and stored in accordance with established safety procedures of Kerr-McGee Corporation and the mining industry generally.’

Conclusion

The court affirmed the lower court's judgment, concluding that the defendants were not negligent and that the decedent's own actions were the cause of the explosion.

We affirm.

Who won?

Kerr-McGee Corporation and the other defendants prevailed in the case because the court found no negligence on their part and determined that the decedent's actions were the cause of the accident.

We hold that strict liability in the storage of dynamite depends on the relation of the storage to the surroundings; specifically, the storage must be ‘. . . inappropriate to the place where it is maintained, in the light of the character of that place and its surroundings.’

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