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Products Liability Keyed Owen, 8th Ed.
High v. Westinghouse Electric Corp.
Citation:
610 So. 2d 1259 (1992)Facts
Willie J. High worked as a truck driver for Pepper’s Steel and Alloys from 1965 to 1983, where he regularly picked up and handled electrical transformers purchased as scrap from Florida Power & Light Company (FPL). These transformers had been manufactured by Westinghouse Electric Corporation and contained oil contaminated with polychlorinated biphenyls (PCBs). Westinghouse had been informed by Monsanto (the PCB manufacturer) between 1970 and 1972 about the dangerous properties of PCBs, but did not notify FPL until 1976. The transformers sold to Pepper’s contained no warnings about PCB contamination. During his work dismantling the transformers, High came into contact with the PCB-contaminated oil. In 1983, environmental agencies determined that Pepper’s property was significantly contaminated with PCBs, leading to legal actions. Upon learning of his exposure, High filed suit against Westinghouse under theories of strict liability and negligence for failing to warn about the hazardous materials contained in the transformers.
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