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TILTON v. UNION OIL COMPANY OF CALIFORNIA

No. 04-P-759.

64 Mass. App. Ct. 115 (2005)

TIMOTHY TILTON v. UNION OIL COMPANY OF CALIFORNIA.

Appeals Court of Massachusetts, Norfolk.

July 25, 2005.

Attorney(s) appearing for the Case

Joel F. Pierce (Danielle T. Jenkins with him) for the defendant.

John M. Wozniak (Daniel J. Murphy with him) for the plaintiff.

Present: Greenberg, Cowin, & Green, JJ.

GREEN, J.

The plaintiff was seriously injured when he attempted to remove the lid from a fifty-five gallon drum by means of an acetylene torch. The torch ignited a small amount of toluene which remained in the drum, causing an explosion. The defendant supplied toluene in bulk to the plaintiff's employer, Compton Toilet Partitions, Inc. (Compton). In Tilton v. Union Oil Co. of California, 56 Mass.App.Ct. 901 (2002) (Tilton I), we vacated a judgment...

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