Accidents Newsroom

The Consolidated Cooperative Grain Elevator In Gowrie, Iowa, Which Resulted In Serious Injury

This matter comes before the court pursuant to third-party defendants' February 3, 1999 motion to dismiss (docket number 85). Defendants filed its resistance to this motion on February 12, 1999 (docket number 88). The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons set forth below, the court grants third-party defendants' motion in part and denies it in part.

The third-party defendants bringing this motion to dismiss are: (1) Braime Pressings, Ltd. (Pressings); (2) Braime (Elevator Buckets/Components) Ltd.;(1) and (3) TF & JH Braime (Holdings), PLC. All three of these corporations are organized and exist under the laws of England. Holdings argues that this court lacks personal jurisdiction over it, thereby requiring dismissal. Pressings, Components, and Holdings claim that they are entitled to dismissal because the third-party plaintiff has failed to state a claim upon which relief may be granted. The third-party plaintiff, Synatel Instrumentation, Ltd. (Synatel) contends that the motion to dismiss should be denied as personal jurisdiction does exist over Holdings, and because it has stated a claim upon which relief may be granted against Pressings, Components, and Holdings.

Procedural Background

The VandeLunes(2) brought suit against Synatel, the original defendant and third- party plaintiff in this action in November of 1995. The VandeLunes contend that an allegedly faulty M-700 Speedswitch, manufactured by Synatel, was the proximate cause of a grain dust explosion occurring at the Consolidated Cooperative Grain Elevator in Gowrie, Iowa, which resulted in serious injury to Mark VandeLune. In January of 1999, Synatel filed a third-party complaint against Braime Pressings, Components, and Holdings, contending that Mark VandeLune's injuries were caused by Braime's negligent manufacture, design, testing, inspection, packaging, handling, warning, and labeling of the M-700 speed monitor. Synatel alternatively contends that the Braime companies are liable for breach of implied warranty, breach of express warranty, and are strictly liable for VandeLune's injuries.