Kessler Distributing Co. v. Neill

James Falada was killed when an anhydrous ammonia tank ruptured. The executor of his estate sued Trinity Industries, Inc., manufacturer of the tank, alleging it was "defective in design and manufacture, [and] was unreasonably dangerous to the user or consumer when used in a reasonably foreseeable manner... ." Trinity moved to dismiss on service-of-notice grounds and also moved for summary judgment, based on its claim the tank was damaged in a prior accident and that its construction was "state of the art" when manufactured. The court denied the motion to dismiss but granted the summary judgment motion on the state-of-the-art defense. We reverse and remand.