Baltodano v. CTL Distribution, Inc.
District Court of Appeal of Florida
1Per curiam
Plaintiffs below appeal from a final judgment. We affirm.
The trial court properly concluded that the “drum off’ unloading of sulfuric acid from a tanker through a hose and nozzle under pressure, into multiple individual fif*422ty-five-gallon drums is a dangerous enterprise, but it is not an ultrahazardous activity; the danger attendant to that activity can be eliminated by the use of proper handling procedures. See Edwards v. Post Transp. Co., 228 Cal.App.3d 980, 279 Cal.Rptr. 281 (1991) (applying Restatement (Second) of Torts §§ 519, 520 and holding that delivery of sulfuric acid to storage tank…
2Cases cited2 opinions
- Edwards v. Post Transportation Co.California Court of Appeal · 1991
- Old Island Fumigation, Inc. v. BarbeeDistrict Court of Appeal of Florida · 1992