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Dyno Nobel Faces Injury Claims Over NOx Cloud From Smokestack

July 27, 2020, 3:49 PM

Dyno Nobel Inc. will face reinstated personal injury claims stemming from a release of nitric oxides from its Missouri plant after the Eighth Circuit found a jury should be allowed to decide whether the injury was foreseeable.

The lower court erred when it dismissed Teddy Scott’s claims on the ground that Dyno didn’t owe him a legal duty of care because his injury wasn’t foreseeable, the U.S. Court of Appeals for the Eighth Circuit said.

If duty turns on foreseeability and facts are disputed, the issue is for a jury to decide, the court said, interpreting a 2000 Missouri Supreme ...

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