Assignment:
Safeway in Denver hosted a picnic for its employees. Safeway bought a 40-pound gas tank to use with a grill that was designed for a 20-pound tank. A label on the grill warned against that use. The grill failed to operate properly and a manager asked Lewis to try to fix it. When Lewis did so a "ball of fire" erupted and Lewis was badly burned. The Occupational Safety and Health Administration then issued a citation against Safeway. Safeway appealed to the courts.
a. Defend Safeway.
b. Decide the case. Explain. See Safeway, Inc. v. Occupational Safety & Health Rev. Comm., 382 F.3d 1189 (10th Cir. 2004).