Gary Ray v. Aztec Well Service Company

McKAY, Circuit Judge.

Defendant, Aztec Well Service Company, an operator of oil wells in New Mexico, appeals from the jury’s verdict in this personal injury diversity case. Plaintiff, an experienced welder, was injured when an open container of liquid propane gas exploded as he lit his welding torch. Plaintiff was employed by a welding company defendant had hired to work at one of defendant’s oil fields.

The trial court instructed the jury that Aztec would be guilty of negligence per se if the jury found that it violated the provisions of Standards For Storage and Handling of Liquified…