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    Facts & Allegations On Jan. 11, 2008, while refueling a logging loader in Rusk, plaintiff Alvaro Chavez, 52, a truck driver, used his cigarette lighter to check the fuel gauge and was engulfed in a flash fire. His employer’s fuel  contractor was Gardner Oil Inc. of Cherokee County 

    Chavez sued Gardner Oil for negligence and breach of express and implied warranties for delivering gasoline-contaminated fuel instead of pure diesel fuel.  Handling pure diesel is very different than handling gasoline. Diesel cannot cause a flash fire and will put out a match (as was demonstrated to the jury),  whereas gasoline is very volatile and will flash fire very easily. 

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