Yukon Equipment, Inc. v. Fireman's Fund Insurance Company

585 P.2d 1206 (1978)

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Nature of the Case

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Facts

A large explosion occurred. It originated at a storage magazine under lease from the federal government to petitioner E. I. du Pont de Nemours and Company, which was operated by D. The magazine was located 3,820 feet from the nearest building not used to store explosives and 4,330 feet from the nearest public highway. It contained approximately 80,000 pounds of explosives. The blast damaged dwellings and other buildings within a two-mile radius of the magazine and, in some instances, beyond a two-mile radius. The ground concussion registered 1.8 on the Richter scale at the earthquake observation station in Palmer, some 30 miles away. Four young men had driven onto the tract where the magazine was located, broken into the storage magazine, set a prepared charge, and fled. They did so in an effort to conceal the fact that they had stolen explosives from the site a day or two earlier. Ps sued to recover for property damage. Partial summary judgment was granted in favor of Ps. Ps presented alternative theories of liability based on negligence, nuisance, absolute liability, and trespass. The court did not specify the theory on which liability was based. Ds appealed. Ds contend that none of the theories may be utilized to fix liability on them and that the intentional criminal detonation of the magazine is a superseding cause relieving them of liability under any theory.