GAINES-TABB v. ICI EXPLOSIVES, USA, INC.

No. 96-6410.

160 F.3d 613 (1998)

Lena R. GAINES-TABB; Stephen Abel; Gabriella Aleman, as surviving spouse of Lucio Aleman, Jr., deceased; Judy D. Alford; Fred Anderson, as surviving spouse of Rebecca Anderson, deceased; Adam Asher; Martha Asher; Janice Ayers; Ann Bailey, individually and as parent and next friend of Desirae Bailey, a minor; Cheryl Baker; Cindy Baker; Clayton Baker, Jr.; Ann Banks; Janet Battle, as next of kin of Peola Battle and Calvin Battle deceased; Larry Battle, as next of kin of Peola Battle and Calvin Battle, deceased; Anthony Beall; Mrs. Beall; Henry Biddy, as surviving spouse of Oleta Biddy, deceased; Freddy Bivens; David Blakenship; Lisa Blankenship; J.J. Blassengill, Rev.; Willie Mae Blassengill; Eva Maureen Bloomer, as co-personal representative of the estate of Olen Bloomer, deceased; Michael Blumenberg; William Bonner; Linda Borgert; K.R. Boyer; James Brannum; Lana Brannum; Brett Brooks; Drusilla Brooks; Lachris Brown; Damon Burgess, as surviving spouse of Kimberly Burgess, deceased; Barbara Burns, as surviving spouse of Donald E. Burns, Sr., deceased; Kimberly Burt; Glenda Buster; Vernon Buster; Almatene Byrd; Albert William Cagle, as personal representative of the estate of Catherine M. Leinen, deceased; Alice Caldwell; Connie Calhoun; Jacqueline Sue Carnes; Delynda Castel; Marsha Cato; Raymond Chafey, as surviving spouse of Rona Chafey, deceased; Gloria Chipman, as surviving spouse of Robert Chipman, deceased; Demetrick Clifton, special administrator of the estate of Larry Turner, deceased; Janice Clough; Richard Clough; Carol J. Cobb; Kenneth Coleman; Sherri Coleman; Anthony Conley; Larhonda Conley; Raymond Cooper; Shirley Cooper; Cleotia Cotton; Leroy Cotton; Jimmy Couch; Carol Covell, individually and as parent and next friend of Charles George, a minor; Pamela Coverdale, as special administrator of the estates of Elijah Coverdale and Aaron Coverdale, deceased minors; Marion Craig, Jr.; Christopher Cregan, as administrator of the estate of Katherine Cregan, deceased; Donald Crisp; Virginia Sue Crosthwait; Brenda Cudjoe; Katie Darling; Gloria Davis, as surviving spouse of Benjamin L. Davis, deceased; Jeri Warren Davis; Sherry G. Davis; William E. Davis; Daniel L. Demoss; Julie Demoss; Diane Deubach; Deangelo Devose; Gregory Driver, as Surviving Spouse Of Sheila Driver, Deceased; Carroll Duffey; Jessie Duffey; Ylita Edd; Jesus Estrada; Sonia E. Estrada; Pamela Faram; Johnny R. Farmer, Sr.; Linda Farmer; Ronald Fields, as surviving spouse of Carrol Fields, deceased; C. Donald Fischer; Charlene Force; Charles L. Force; Mike Frank; Rhonda Frank; Deborah Furman; Michael Gaters; Maggie Gates; Clifton George; Gary Gessel; Daron Gigger, as guardian of Shequandala Gigger, surviving minor child of Sheila Driver, deceased; Byron Glenn; E. Fay Glenn; Jane Grahm; Robert Grahm; Bruce Griffin, as surviving spouse of Ethel L. Griffin, deceased; Charles Griffin, Sr.; Rhonda Griffin; Rudolph Guzman, Jr., as personal representative of the estate of Randolph Guzman, deceased; Jim Hackworth; Vanita Hackworth, individually and as parent and next friend of Malcolm Hackworth, a minor; Rashell Hammons, individually and as parent and next friend of Donquay Hammons, a minor, and Ryan Hammons, a minor; Jeff Hardwick; Leon Harris; Allison Hatton; Willie Hatton; Cynthia Hawkins; Tanya Hawthorne; Chad Hayes; Dedra Hayes; Barbara Hays; Steven Hays; Timothy Hearn, as personal representative of the estate of Castine Deveroux, deceased; Glen Henry; Gina Hernandez; Lalo Hernandez; James Hicks; Tomika Hill; James Hinson; Stephanie Hisel; Deborah Hodges, as personal representative of the estate of Thompson E. Hodges, Jr., deceased; Brenda Hornbeak; Gary Housely, as surviving spouse of Linda Coleen Housely, deceased; Melvin Howell, as surviving spouse of Wanda Howell, deceased; Ronald Huff, as surviving spouse of Robin Huff, deceased, and as next of kin of Amber Denise Huff, a deceased unborn child; Nancy Ingram; Kenneth Irving; Grant Isbell Iii; Doris Jackson; Edna Jackson; George Jackson; Steve Jackson; Joseph Jacobs; Aldo Jenkins, as surviving spouse of Christi Jenkins, deceased; Tillo Johnson; Bernard P. Jones; Voncella Jones; Charles Jordan; Deanna Jordan, individually and Devon Jordan; Donald Junior; Xanya Junior, individually and as parent and next friend of Brittanie Junior, a minor; Bonnie Kelley; Terry Kelley; Larry Kernell; Naeem Khan; Ondre King, individually and as parent and next friend of Rukiya Turner, a minor; Harry Joe Koelsch, as special administrator of the estate of Valerie Koelsch, deceased; Fred Kubasta; Joan Kubasta; Allen E. Lane, Ii; Tara Lane; Algie Lawrence; Cleo Lawson; Teresa Lawson; Sonya Lay; Christie L. Lee; Kevin Lee; Michael J. Lenz, as surviving spouse of Carrie A. Lenz, deceased, and as next of kin of Michael J. Lenz, III, a deceased unborn child; Matilda Lerma; Donnel Lewis; Mary Lee Lewis; Mitzie Lewis; Mary Liggins, as parent and next friend of Brandy Ligons, a minor; David Likes; Sheryl Likes; Eric Littlejohn; Sharon Littlejohn, individually and as parent and next friend of Schermarco Littlejohn; Margaret Loague; Michael Loague; John Long, as special administrator of the estate of Rheta Long, deceased; Leonard Long; J. David Longinotti; Regina Longinotti; Vickie Lykins, as special administrator of the estate of Norma Jean Johnson, deceased; Ladonna Madkins; Ann Marshall, as surviving spouse of Raymond Lee Johnson, deceased; Lori Martin, as personal representative of the estate of James K. Martin, deceased; Martha Martinez, as surviving spouse of Gilberto Martinez, deceased; Margaret Massey; Vickie Mathes, as next of kin of Tresia Jo Worton, deceased; Ermer Mathis; Stanley Mayer; Betty McAllister; Russell McAllister; Joyce McCarthy, as surviving spouse of James A. McCarthy, deceased; Alex McCauley; Diane McCauley; Laverne McCloud, individually and as parent and next friend of Nekia McCloud, a minor; Diana McDonnell; Mark McDonnell; Linda McGill; Tommy McGill; Denise McKenzie, individually and as parent and next friend of Christy McKenzie and LaNisha McKenzie; Danny L. McKinney, as surviving spouse of Linda G. McKinney, deceased; Anthony McRaven, as surviving spouse of Cartney McRaven, deceased; Inella Miller, as administratrix of the estate of Derwin W. Miller, deceased; Reginald Miller, as surviving spouse of Anita Hightower Miller, deceased; Doris Morava; Shirley Moser; Connie Muhammad; Muslim Muhammad; William Mustonen, as attorney in fact for Josie Mitchell; William Mustonen, as special administrator of the estate of Eula Leigh Mitchell, deceased; Michael Nations; Gary Nelson; McClain Nero; Wendy Nichols; Sherry Nied, individually and as parent and next friend of Dylan Hoefer, a minor; Steve Nix, as surviving spouse of Patricia Nix, deceased; Kenneth Oldham; Robyn Parent; Tommy A. Pendleton; Clark Peterson; Karen Pollard; Stephanie Pope, as special administrator of the estate of Brenda Daniels, deceased; Barbara J. Powers, as personal representative of the estates of Robert L. Luster and Aurelia K. Luster, deceased; Stephen Pruitt; Yung-Lan Pruitt; Beverly A. Rankin; Richy S. Rankin; Benjamin R. Rentie, as surviving spouse of Mary Rentie, deceased; Linda Ricciotti; Paul Ricciotti; James Richards; Martha Ridley, as special administrator of the estate of Kathryn Ridley, deceased; Qwentesia Roberts; Tommy Robinson; Violet Root, as special administrator of the estate of Alvin Justes, deceased; Christopher Rosas, as surviving spouse of Christine Rosas, deceased; Athena Roy, as special administrator of Diane Althouse, deceased; Joseph Roybal; Rita Rushing; Sam A. Rushing; Charlene Sanders; Lisa Schleicher; Alvin Scott, Jr.; Anthony Scott; Cynthia Scott; Patsie Scott; Cheryl Scroggins, as surviving spouse of Lanny Scroggins, deceased; Billy Selanders; Nancy Shaw; Stewart Shaw; Jean Simms; Lois Simpson; Doris Smith; Karen Smith, individually and as guardian and next friend of Holly Smith, a minor; Kochee Smith; Shalonda Smith; Tess Smith; Trent Smith; David Spencer, as surviving spouse of Margaret Clark, deceased; Dawn Staggs; James L. Staggs; Angela Staglin; Johnny Staglin; Lois Stanton, as executrix of the estate of Lola Bolden, deceased; Gwendolyn Steele, as administratrix of estates of Peola Battle and Calvin Battle, deceased; Dana Stewart, individually and as parent and next friend of Robert Bradley Kernell, a minor; Joyce Swallow; Lee Switzer, as co-personal representative of the estate of Olen Bloomer, deceased; Juan Tapia, as administrator of the estate of Emilio Tapia, deceased; Harold Taylor, as special administrator of the estate of Laura Garrison, deceased; John Taylor, as personal representative of the estate of Teresa Lauderdale, deceased; Ruby Taylor; Victor Taylor; Jeffery Teel; Sandre Teel; Cory Templet; Sara E. Thomas; Henry D. Thorton; Marilyn Travis; Keith Turner; Alma Vann; Csaba Veress; Kimberly Wallace; Barbara Ward, as special administrator of the estate of Woodrow Brady, deceased; Mary Lou Washburn; Raymond Washburn; E. Mildred Watkins, as administrator of the estate of Wanda Watkins, deceased; Deloris Watson, individually and as guardian of P.J. Allen, a minor; Willie Watson; Pamela Weber-Fore; Emmett E. Welch, as special administrator of the estate of Julie Marie Welch, deceased; Lee Ann Whittenberg, as next of kin of Jo Ann Whittenberg, deceased; Mary Ann Whittenberg, as next of kin of Jo Ann Whittenberg, deceased; Cindy Wikie; Evaline Wikie; Daniel Wilkerson, individually and a parent and next friend of Quinten Wilkerson, a minor; Penny Wilkerson, individually and a parent and next friend of Quinten Wilkerson, a minor; Michelle Williams; Nicole Williams, as surviving spouse of Scott Williams, deceased; Paula Williams; Gloria Wilson, as personal representative of the estate of Clarence Wilson, deceased; Ella Jewell Winston; Freddie Woodward, Plaintiffs-Appellants, v. ICI EXPLOSIVES, USA, INC., a Delaware Corporation; Imperial Chemical Industries PLC, a Foreign Corporation; ICI Canada Inc., a Foreign Corporation; Doe Corporations 1-99; Doe Companies 1-99; John Does, 1-99; Jane Does, 1-99, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 9, 1998.


Attorney(s) appearing for the Case

John M. Merritt, Merritt & Rooney, Inc., Oklahoma City, Oklahoma (Johnnie L. Cochran, Jr., Law Offices of Johnnie L. Cochran, Jr., Los Angeles, California, with him on the briefs), for Plaintiffs-Appellants.

Sheryl G. Snyder, Brown, Todd & Heyburn, PLLC, Louisville, Kentucky (Carl Arthur Henlein, Brown, Todd & Heyburn, PLLC, Louisville, Kentucky, and Earl D. Mills, Mills & Whitten, Oklahoma City, Oklahoma, with her on the briefs), for Defendants-Appellees.

Before SEYMOUR, Chief Judge, and EBEL and BRISCOE, Circuit Judges.


EBEL, Circuit Judge.

Individuals injured by the April 19, 1995, bombing of the Alfred P. Murrah Federal Building ("Murrah Building") in Oklahoma City, Oklahoma, filed suit against the manufacturers of the ammonium nitrate allegedly used to create the bomb. The plaintiffs' complaint set forth theories of negligence, negligence per se, negligent entrustment, negligent infliction of emotional distress, intentional infliction of emotional distress, manufacturers...

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