Messer Griesheim Industries, Inc. v. Eastman Chemical Co.

OPINION

HERSCHEL P. FRANKS, P.J., and CHARLES D. SUSANO, JR., J., joined.

Eastman Chemical Company (“Eastman”) and Cryotech of Kingsport, Inc. (“Cryotech”) entered into an agreement whereby Cryotech would purchase nonfood grade feedgas from Eastman which was roughly 78% carbon dioxide (“C02”). Cryotech then would purify the feedgas and sell it as food grade C02. Messer Griesheim Industries, Inc. (“Messer”) purchased the C02 from Cryotech. Messer in turn sold the C02 to soft drink manufacturers. The C02 sold to Messer was contaminated with cyanide and resulted in property damage to Messer and…