Messer Griesheim Industries, Inc. v. Eastman Chemical Company

Eastman Chemical Company ("Eastman") and Cryotech of Kingsport, Inc. ("Cryotech") entered into an agreement whereby Cryotech would purchase non-food grade feedgas from Eastman which was roughly 78% carbon dioxide ("CO2"). Cryotech then would purify the feedgas and sell it as food grade CO2. Messer Griesheim Industries, Inc. ("Messer") purchased the CO2 from Cryotech. Messer in turn sold the CO2 to soft drink manufacturers. The CO2 sold to Messer was contaminated with cyanide and resulted in property damage to Messer and Messer's customers. In the third appeal arising from this litigation, we must determine whether the Trial Court correctly granted summary judgment to Eastman on Messer's claims for breach of warranty, products liability, and negligence, and whether the Trial Court properly refused to allow Messer to amend its complaint to assert a claim for negligence per se. We affirm in part, vacate in part, and remand for further proceedings.