Betty Carter, Individually and as Administratrix of the Estate of John Wallace Carter, Deceased v. American Oil Company

FLAUM, Circuit Judge.

John Wallace Carter, an employee of the Union Tank Car Company (UTLX), died of asphyxiation inside a railroad tank car that was filled with pure nitrogen. His widow, Betty J. Carter, filed this wrongful death claim in the district court, pursuant to the court’s diversity jurisdiction. She alleged that American Oil Company (Amoco), at whose refinery Carter was working, as well as Lyondell Petrochemical Company (Lyon-dell) and Tri-Central Marine Terminal, Inc. (Tri-Central), which were both allegedly responsible for storing the nitrogen in the tank car, negligently caused…