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York v. Union Carbide Corp.

Court of Appeals of Indiana

586 N.E.2d 861 (Ind. Ct. App. 1992)

Relevant factsFree

York, a millwright at USX, died of asphyxiation when argon gas — supplied by Union Carbide (defendant) but not designed, installed, or operated by it — flowed undetected into the bottom of a furnace vessel USX was repairing, after a USX technician mistakenly tested oxygen levels too high above the floor. York's wife (plaintiff) sued Union Carbide under products liability, arguing it failed to warn York of argon's hazards; the trial court granted Union Carbide summary judgment.

IssueFree

Whether, under the Occupational Safety and Health Act, a manufacturer of a hazardous chemical must direct warnings of potential hazards to all of a consumer's employees when the manufacturer has no control over the consumer's workplace or employees.

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