Greneda Steel Industries, Inc. v. Alabama Oxygen Company, Inc.

695 F.2d 883 (5th Cir. 1983)

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Nature of the Case

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Facts

On June 2, 1977, a fire, followed by an explosion occurred in a plant owned by Granda Steel (P). P claims that the accident was caused by a leak of acetylene gas through a valve on the cylinder that contained the gas. Alabama Oxygen (D) sold acetylene gas to P. It was delivered in metal cylinders equipped with a valve manufactured by Sherwood Selpac Corporation (SSC). That particular valve was halted in product in 1974. During trial, P proffered evidence that Rego, a competitive valve manufacturer had manufactured a different designed valve and that even SSC had itself designed a new model that was in manufacture since 1974. This evidence was excluded. P appealed.