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PARK v. BURLINGTON NORTHERN SANTA FE RAILWAY CO.

No. E029908.

133 Cal.Rptr.2d 757 (2003)

108 Cal.App.4th 595

Michael PARK, Plaintiff and Respondent, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

Review Denied July 30, 2003.

Attorney(s) appearing for the Case

Haight, Brown & Bonesteel, Roy G. Weatherup, Los Angeles, Jon M. Kasimov and J. Alan Warfield; Kinkle, Rodiger and Spriggs and Bruce E. Disenhouse, Riverside, for Defendant and Appellant.

Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, David J. Cooper, Ned E. Dunphy and Catherine E. Bennett, Bakersfield; Law Offices of John C. Hall and John C. Hall, Bakersfield, for Plaintiff and Respondent.

OPINION

HOLLENHORST, Acting P.J.

Plaintiff Michael Park, an employee of Consolidated Waste Industries, Inc. (Consolidated), was seriously injured when a 55-gallon drum exploded. The drum contained used nickel iron batteries from defendant Burlington Northern Santa Fe

Railway Company (Burlington). Burlington had employed Consolidated, a hazardous waste disposal company, to dispose of the batteries...

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