In August 2008, 30-year-old Kevin Harrison was working for Norfolk Southern Railway when he was exposed to acid fumes from a leaking barrel at Norfolk’s rail yard in Hammond, Ind. The acid had been shipped from Michigan in an inter-modal container owned by the defendant K Line America, which is a subsidiary of a Japanese company.
One day earlier, the driver for the defendant trucking company, Mason Dixon Intermodal, had selected the K Line container from those available at the Mason & Dixon’s Lines Inc. yard in Dearborn, Mich.
The Mason Dixon Intermodal driver inspected the interior of the container and then drove it to the loading dock of Beaver Packaging & Crating, where Beaver employees loaded 40- to 55-gallon polymer drums filled with 30 percent strength acetic acid into the inter-modal container.