People v. Warner-Lambert Co.

414 N.E.2d 660 (1980)

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Nature of the Case

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Facts

Warner (D) manufactured chewing gum. D was charged with six counts of manslaughter and six counts of criminally negligent homicide for the deaths of six employees that resulted from a massive explosion and fire. The gum that was manufactured was being passed through a bed of magnesium stearate (MS), into a die cut punch, and then sprayed with liquid nitrogen to cool it. The MS and the liquid nitrogen stopped the gum from adhering to the sizing and cutting machinery. MS dust accumulated throughout the plant. Both MS and liquid nitrogen were considered safe and were widely used for the same purpose as D put them to. However, if suspended in the air, they posed a serious risk of explosion if ignited. The liquid nitrogen caused liquid oxygen to condense into the air and it was the ignition of the liquid oxygen from a mechanical spark that ignited the factory and killed the people. The trial court dismissed the charges as the evidence before the Grand Jury was not legally sufficient. The Appellate Division reversed, and D appealed.