Page 15 - nov-dec 2019

The allegations against the propane supply defendants focused on four separate themes First,
plaintiffs alleged that the gas sold to the local retailer and then to the property owner was inadequately
odorized Second, the suppliers were accused of failing to ensure that the retailer required the installa-
tion of a propane gas detector prior to delivering propane to the property owner and of failing to pro-
vide the claimants with adequate warnings regarding the smell of propane, including warnings about
steps to take if the odor of propane was present In a lengthy complaint, the plaintiffs included twenty
separate allegations of alleged failures to warn or inadequate warnings Third, plaintiffs complained
that they were not warned about or given instructions for the use of gas detectors Finally, plaintiffs
also alleged that the suppliers were liable for failing to provide any warning materials that were written
in Spanish Plaintiffs ultimately voluntarily abandoned their odorization claims after discovery revealed
that bills of lading from upstream suppliers all indicated that the gas sold to the retailer was odorized,
and after several of the plaintiffs testified both in depositions and by affidavit that they, in fact, had
smelled gas prior to the accident

Suppliers’ motions for summary judgment: bulk supplier doctrine and no duty based on absence
of foreseeability

Our client had supplied the local retailer with the majority of its gas during the one year period
prior to the accident We moved for summary judgment on all of the plaintiffs’ claims, arguing that
under the “bulk supplier doctrine” our client had no legal duty to provide warnings to the plaintiffs
because it had provided the
local retailer with adequate
warnings and had received
reasonable assurances via its
supply contracts with the retail-
er that the retailer would warn
its own customers Our motion
therefore argued that the re- Your SINGLE SOURCE for
tailer, not a midstream suppli-
er, was in the best position to
provide warnings and that a
midstream wholesaler had no
duty to warn the retailer’s own
customers; that the retailer,
not the midstream wholesaler,
had a commercial relationship
with the landowner to whom
it made propane deliveries; and many, many more!
and that the retailer, not the Stop in and see us!
midstream wholesaler, had
the ability to determine where
and to whom propane was
being delivered In addition, 1405 Sinnett Avenue • Dothan, Alabama 36303
the motion demonstrated that 800-433-8925
the local retailer had a long
history in the propane business

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15 Alabama Propane Gas Association | November / December 2019