Drew Chemical Corp. v. American Fore Loyalty Group

In Drew Chem. Corp. v. American Fore Loyalty Group, 90 N.J. Super. 582, 218 A.2d 875 (App.Div.1966), the driver of a truck loaded with fatty acid was injured on the premises of Drew Chemical Corporation while trying to transfer the acid from his truck to Drew's vats. Id. at 584, 218 A.2d 875. In order to transfer the acid, the driver had to utilize an iron pumpline provided by Drew. However, on the day of the accident the pumpline was clogged. The driver and an employee of Drew attempted to unclog the line by first running air pressure through the line. The first attempt being unsuccessful, the defendant's employee ran steam pressure through the hose, which caused the hose to whip about, striking and injuring the driver of the truck. Ibid. Under these circumstances, this court held that the injury occurred during the course of the unloading process. We said: While the act of clearing the line was normally not part of the unloading operation, it was, under the existing circumstances, a necessary one. The presence of the clogged line led to Drew's employee taking a reasonable step in helping to unload the tank truck, and this with the implied permission of the truck driver. In short, the process of unloading the acid necessitated the very act (clearing the line) which, in turn, caused the accident. Id. at 591, 218 A.2d 875. The Court noted that the end-point of the completed operations is when the goods are "turned over at the place of destination to the party to whom delivery is to be made." Id. at 586-87, 218 A.2d 875. The Court also observed that the application of the "complete operation" doctrine is fact sensitive. Id. at 587, 218 A.2d 875.