Behrendt v. Gulf Underwriters Insurance Co

Facts

Silvan Industries, Inc. (Defendant) manufactured tanks to be used under pressure, which were subject to strict manufacturing codes. Defendant allowed its employees to use company materials, like scrap materials, to make items for their own personal use. Due to the strict manufacturing codes, Defendant made sure to cut holes in the scrapped materials in order for them to be unusable under pressure. Defendant’s employee used a scrapped material to modify a tank used by Kenneth Behrendt (Plaintiff) in his car oil-change business. Because Defendant makes sure to cut holes in the scrapped materials, Defendant’s employee decided to fix the hole in the tank that he gave to Plaintiff; this allowed the tank to be used under pressure in order for oil to quickly get sucked from a vehicle into the tank. Years later, the tank exploded. This caused Plaintiff to suffer injuries and to file a lawsuit against Defendant. At trial, Defendant filed a motion for summary judgment, which the trial court granted. After Plaintiff appealed, the court of appeals affirmed that the trial court’s decision. The court of appeals held that Defendant did not owe Plaintiff a duty of care. In addition, it was unforeseeable that a scrapped non-pressurized tank would be fixed to become pressurized and subsequently explode and cause Plaintiff’s injuries. Then, the Wisconsin Supreme Court granted certiorari.