On May 19, 2003, a fire occurred in an oven at a chicken processing plant located in Oakwood, Georgia, and owned by Wayne Farms, LLC. After the fire, Wayne Farms and its various subrogors, including Royal Indemnity Company, collectively “Wayne Farms” filed suit against R & R Insulation Services, Inc., a company owned by Richard Robinson, “R & R” and Crane Company “Crane”, doing business as Crane Composites, Sequentia Incorporate, and Lasco Composites, LP, seeking $260,000,000 in damages resulting from the fire. In its amended complaint, Wayne Farms alleged that Crane manufactured Class-C-rated fiberglass reinforced plastic panels “Class C FRP”, which were interior finish materials used in the Oakwood facility. Wayne Farms alleged that Crane failed to appropriately test the FRP in foreseeable end-use configurations —specifically, installation using nylon rivets —which resulted in the misrepresentation of the actual combustibility and flame spread properties and mislabeling of the product as a Class C interior finish. Wayne Farms contended that it relied on this incorrect labeling when installing the product in its Oakwood facility, resulting in the extensive spread of the 2003 fire. Wayne Farms also alleged that R & R, which was contracted to install FRP in the Oakwood facility, failed to sufficiently warn Wayne Farms about the combustibility of the Class C product or adequately select and install appropriate material for the area in a proper configuration. Wayne Farms alleged that R & R should have selected and installed Class-A FRP or installed Class C FRP using metal fasteners rather than nylon rivets, which negligence resulted in the extensive spread of the fire at the Oakwood facility. Wayne Farms also contended that both Crane and R & R violated the Life Safety Code by manufacturing and installing Class C FRP without appropriate testing to ensure that the product met that classification in foreseeable end-use configurations.
In Case Number A10A1537 , this Court granted R & R’s application for interlocutory appeal of the trial court’s denial of R & R’s motion for summary judgment. In Case Number A10A1538 , this Court granted R & R’s and Crane’s applications for interlocutory appeal of the trial court’s order denying the parties’ joint motion for sanctions for spoliation of evidence. In A10A1539 , this Court granted Crane’s application for interlocutory appeal of the trial court’s denial of its motion for summary judgment. Finally, in A10A1540 , Wayne Farms cross-appeals from the trial court’s denial of its motion for partial summary judgment on R & R’s and Crane’s affirmative defenses of comparative and contributory negligence and intervening or superceding cause. For the following reasons, we affirm in part and reverse in part the trial court’s orders.
