VIKING OLDS NISSAN INC

DRUM EXPLODED WHILE BEING CUT WITH OXY-ACETYLENE TORCH

EMPLOYEE #1 HAD BEEN INSTRUCTED BY THE SERVICE WRITER TO CUT OFF THE TOPS OF ABO UT TWO DOZEN DRUMS LOCATED IN A FENCED AREA ON THE EAST SIDE OF THE MAIN BUILDIN G. THESE DRUMS WERE TO BE SALVAGED AT A LOCAL SCRAP DEALER, BUT WOULD NOT BE ACC EPTED WITH THE TOPS IN PLACE. THE SERVICE WRITER ASKED EMPLOYEE #1 IF HE KNEW HO W TO OPERATE AN OXY-ACETYLENE TORCH. EMPLOYEE #1 STATED THAT HE HAD OPERATED A T ORCH FOR ABOUT 10 YEARS WHEN HE WORKED IN AN AUTO BODY SHOP. EMPLOYEE #1 THEN QU ESTIONED THE SERVICE WRITER WHETHER SOME GREEN DRUMS SHOULD BE CUT, BECAUSE ANOT HER EMPLOYEE HAD TOLD HIM THAT THESE DRUMS COULD BE RETURNED TO THE SUPPLIER FOR A REFUND. EMPLOYEE #1 AND THE SERVICE WRITER WENT TO THE SERVICE MANAGER'S OFFI CE AND ASKED ABOUT THE GREEN DRUMS. THE SERVICE MANAGER TOLD HIM TO CUT THEM ALL UP. ABOUT 10-15 DRUMS WERE CUT UP AND TAKEN TO THE SCRAP YARD. AFTER RETURNING TO THE SERVICE MANAGER'S OFFICE AND GIVING HIM THE RECEIPT AND MONEY, EMPLOYEE # 1 CONTINUED TO CUT THE TOPS OFF SOME MORE DRUMS. THE DRUMS HAD CONTAINED SOAP, A NTI-FREEZE, AND LACQUER THINNER. EMPLOYEE #1 STARTED TO CUT THE THIRD DRUM (IT H AD CONTAINED LAQUER THINNER), WHEN THE TOP BEGAN TO BULGE UPWARD. EMPLOYEE #1 RE ALIZED IT WAS GOING TO BLOW AND STARTED TO TURN AWAY. THE TOP BLEW OFF AND WENT ABOUT 140 YARDS INTO THE AIR. EMPLOYEE #1'S FACE WAS BURNED AND SOME SCRAP METAL WAS EMBEDDED IN HIS SKIN. ANOTHER EMPLOYEE TOOK EMPLOYEE #1 TO THE HOSPITAL FOR TREATMENT. THE SERVICE MANAGER STATED THAT HE WAS UNAWARE THAT EMPLOYEE #1 WAS USING A TORCH. SINCE EMPLOYEE #1 HAD BEEN SPECIFICALLY ASKED IF HE KNEW HOW TO O PERATE A TORCH, THE VERACITY OF THIS CLAIM IS SUSPECT.