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NATIONWIDE MUT. INS. v. BARTON SOLVENTS

No. 26956.

855 N.W.2d 145 (2014)

2014 S.D. 70

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. BARTON SOLVENTS, INC. and Citgo Petroleum Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 1, 2014.

Attorney(s) appearing for the Case

Mitchell A. Peterson , Justin T. Clarke of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Michael F. Tobin , Gary J. Pashby of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee, Barton Solvents, Inc.

William C. Garry of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, William S. Booth of Eimer, Stahl, Klevorn & Solberg, LLP, Chicago, Illinois, Attorneys for defendant and appellee, Citgo Petroleum Corporation.

ZINTER, Justice.

[¶ 1.] A.H. Meyer & Sons, Inc. (A.H. Meyer) owned and operated a honey and beeswax processing plant that exploded. The explosion was caused by heptane vapors that were ignited by an electrical switch in the plant. Nationwide Mutual Insurance (Nationwide) paid for the damage and filed suit seeking subrogation from the supplier and the manufacturer of the heptane. Nationwide pleaded causes of action for strict liability and negligence premised...

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