RICHARDSON V. UNION CARBIDE INDUS. GASES, INC. 790 A.2d 962 (2002) CASE BRIEF

RICHARDSON V. UNION CARBIDE INDUS. GASES, INC.

790 A.2d 962 (2002)

NATURE OF THE CASE: Richardson (P) employee sued Union (D) and others, alleging, inter alia, negligence related to a furnace that exploded. The seller cross-claimed against the buyer for contractual indemnification. The Superior Court granted the buyer summary judgment on the indemnification claim and dismissed that claim. The seller appealed.

FACTS: We had to put the entire contract terms. Rage proposal number 3313 for a transporter system for iron powder and a transfer system for steel powder was submitted to Pirkey, senior project engineer for Hoeganaes. Hoeganaes issued purchase order No. 21584 to Rage for that equipment. The system was installed on furnace 2S. Rage then submitted two more proposals to Hoeganaes. Number 3353 was for target boxes and Number 3375 was for control logic panels. Hoeganaes issued purchase order Number 23952 in response to these two proposals. The proposals issued by Rage were typed in a letter format addressing the items desired by Hoeganaes. At the base of each page of each proposal, the following language in capital letters was typed: 'ANY PURCHASE ORDER

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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