PATRICK B. McCARTHY, MARK COLLIN FUGATE, and PATRICIA SUSAN McCARTHY, Plaintiffs-Appellees,
v.
STERLING CHEMICALS, INC., and RESCAR, INC., Defendants-Appellants, and
ACF INDUSTRIES, LLC, TEXANA TANK CAR & MANUFACTURING, LTD., Defendants-Appellees, and
BASF CORPORATION et al., Defendants,
v.
KINDER MORGAN LIQUIDS TERMINALS, LLC, Third-Party Defendant.
Court of Appeals of Ohio, First District, Hamilton County.https://leagle.com/images/logo.png
November 9, 2012.
November 9, 2012.
Attorney(s) appearing for the Case
Waite, Schneider, Bayless & Chesley Co., L.P.A., Stanley M. Chesley, D. Arthur Rabourn, Joseph T. Deters, Louise M. Roselle, W.B. Markovits, Paul M. De Marco, and Christopher D. Stock, for Plaintiffs-Appellees.
Vorys, Sater, Seymour and Pease LLP, Robert E. Tait, and C. William O'Neill, and Mills Shirley LLP, Jack C. Brock, and Fred D. Raschke, for Defendant-Appellant Sterling Chemicals, Inc.
Katz, Teller, Brant & Hild and Robert A. Pitcairn, Jr., and Mannion & Gray Co., L.P.A., Thomas P. Mannion, Judd R. Uhl, and Katherine L. Kennedy, for Defendant-Appellant Rescar, Inc.
Sutter O'Connell Co., Matthew C. O'Connell and Denise A. Dickerson, for Defendant-Appellee ACF Industries, LLC.
Reminger Co., LPA, and Joseph W. Borchelt, and Bates Carey Nicolaides, LLP, Scott L. Carey, Joseph P. Pozen, and Kathleen L. Hartley, for Defendant-Appellee Texana Tank Car & Manufacturing, Ltd.
Court of Appeals of Ohio, First District, Hamilton County.
OPINION
WOLFF, Presiding Judge.
{¶ 1} Plaintiff-appellee Patrick McCarthy, an employee of third-party defendant Kinder Morgan Liquids Terminals, LLC ("Kinder Morgan"), was injured on July 5, 2005, while transferring a liquid from a pressurized railroad tank car owned by defendant-appellant Sterling Chemicals, Inc. ("Sterling"), to a Kinder Morgan storage tank. McCarthy was standing on the top of the railcar when the manway assembly...
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