Allstate Insurance Co. v. Mitsubishi Electronics America, Inc.

709 So. 2d 1306, 1998 Ala. Civ. App. LEXIS 150, 1998 WL 67638
CourtCourt of Civil Appeals of Alabama
DecidedFebruary 20, 1998
Docket2961445
StatusPublished
Cited by1 cases

This text of 709 So. 2d 1306 (Allstate Insurance Co. v. Mitsubishi Electronics America, Inc.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allstate Insurance Co. v. Mitsubishi Electronics America, Inc., 709 So. 2d 1306, 1998 Ala. Civ. App. LEXIS 150, 1998 WL 67638 (Ala. Ct. App. 1998).

Opinion

HOLMES, Retired Appellate Judge.

Allstate Insurance Company and Electra Ceruzzi appeal from a summary judgment entered in favor of Mitsubishi Electronics America, Inc. This case is before this court pursuant to Ala.Code 1975, § 12-2-7(6).

[1307]*1307Our review of the record reveals the following pertinent facts: Anthony Ceruzzi purchased a Mitsubishi television on October 4, 1991. On April 26, 1992, approximately six months later, the Ceruzzis’ home was destroyed by fire. Allstate, the Ceruzzis’ insurance company, reimbursed the Ceruzzis a total of $52,558.13, for damages relating to the fire.

On April 27, 1992, Allstate employed Jeff Crain, an expert, to investigate the cause of the fire. In his report to Allstate, Crain stated that the fire was caused by an electrical malfunction in the television’s power cord.

On April 26, 1994, Allstate and Electra Ceruzzi, Anthony Ceruzzi’s wife, filed a mul-ti-count complaint against Mitsubishi. We would note that Anthony Ceruzzi died prior to the filing of the complaint. In the complaint Allstate asserted a subrogation claim to recover the amount that it had reimbursed the Ceruzzis. Accordingly, Ceruzzi sought to recover damages for losses suffered over and above the policy limits. Specifically, she sought to recover damages under the Alabama Extended Manufacturer’s Liability Doctrine (“AEMLD”), damages for breach of express and implied warranties, and damages under the Magnuson-Moss Warranty Act.

On June 11,1997, Mitsubishi filed a motion for a summary judgment, pursuant to Rule 56(c), Ala. R. Civ. P. Ceruzzi and Allstate (hereinafter referred to as Ceruzzi) responded with a motion in opposition. Both parties relied on the deposition testimony of Jeff Crain, Ceruzzi’s expert witness. On August 5, 1997, following a hearing, the trial court entered a summary judgment in favor of Mitsubishi on all counts.

Ceruzzi appeals.

At the outset we note that Rule 56(c), Ala. R. Civ. P., provides that a summary judgment is appropriate in situations where no genuine issue of any material fact exists and the movant is entitled to a judgment as a matter of law. It is well settled that the moving party has the burden of establishing that no genuine issue of a material fact exists and that all reasonable uncertainties regarding the existence of a genuine issue of a material fact must be resolved against the moving party. Porter v. Fisher, 636 So.2d 682 (Ala.Civ.App.1994).

Once the movant makes a prima facie case showing that no genuine issue of a material fact exists, then the burden shifts to the nonmoving party to present substantial evidence regarding the existence of a genuine issue of a material fact. Porter, 636 So.2d 682.

In Atkins v. American Motors Carp., 335 So.2d 134, 141 (Ala.1976), our supreme court stated the following criteria that Ceruz-zi must present in order establish liability under the AEMLD:

“ [Ceruzzi] must prove [she] suffered injury or damages to [herself] or [her] property by one who sold a product in a defective condition unreasonably dangerous to [Ce-ruzzi] as the ultimate user or consumer, if
“(a) the seller was engaged in the business of selling such a product, and
“(b) it was expected to, and did, reach the user or consumer without substantial change in the condition in which it was sold.”

In Jordan v. General Motors Carp., 581 So.2d 835, 836-37 (Ala.1991), our supreme court emphasized the following:

“[M]ere proof that an accident occurred with resulting injuries is insufficient to establish fault under the AEMLD. Rather, because the AEMLD is a fault-based cause of action, [Ceruzzi] must affirmatively show that the [television] was sold with a defect or in a defective condition. [Sears, Roebuck & Co. v. Haven Hills Farm, Inc., 395 So.2d 991 (Ala.1981) ]. The terms ‘defect’ and ‘defective,’ as applied under the AEMLD, have been defined as follows:
“ ‘[A] “defect” is that which renders a product “unreasonably dangerous,” i.e., not fit for its intended purpose....
[[Image here]]
“ ‘ “Defective” is interpreted to mean that the product does not meet the reasonable expectations of an ordinary consumer as to its safety. Comment g. of the Restatement [Second of Torts (1965) ] says defective condition applies when, at the time the product leaves the [1308]*1308seller’s hands, it is in a condition not contemplated by the ultimate consumer.’
“Casrell[v. Altec Industries, Inc.], 835 So.2d [128,] 133 [ (Ala.1976) ].”

(Emphasis added).

In support of its motion for a summary judgment, Mitsubishi relied on the deposition testimony of Ceruzzi’s expert, who testified as follows:

“Q. Now, ... I’ve seen your report. In summary, what is your opinion?
“A. My opinion is the fire ... was caused by an electrical malfunction on the power cord serving the television set.
“Q. Okay. And what was the electrical malfunction?
“A. It appears to be a short circuit and a combination of some resistance heating of one or more of the conductors in the cord.
“Q. What caused a short?
“A. I don’t know. I suspect that there was some sort of injury to the cord.
“Q. Such as being pinched up against the wall perhaps?
“A. I didn’t find any evidence to indicate it had been pinched at all.
“Q. Did you find any evidence at all that there had been some damage to the cord?
“A. No, sir, I could not find that. The area where the apparent injury may have been was destroyed during the fire.
“Q. Okay. So your testimony is there was some short in the cord itself, correct?
“A. Yes, sir.
[[Image here]]
“Q. But what caused the short, you’re not sure of, correct?
“A. Correct.
“Q. But one possibility is that there was some damage to the cord?
“A. That’s correct.
“Q. And can you tell me, please, sir, when the damage occurred to the cord that caused the short?
“A. I don’t know when it would have been caused, if it was.
“Q. A cord can certainly be damaged without there being some defect in the cord itself. You agree "with that, don’t you?
[[Image here]]
“A. That’s true.
[[Image here]]
“Q. Okay. So let me be specific about this. Sitting here today, you can’t say that the alleged damage to the cord was caused by some defect in the manufacturing process, correct?
“A. I can’t say that it did, nor that it didn’t.
“Q. Okay.

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Bluebook (online)
709 So. 2d 1306, 1998 Ala. Civ. App. LEXIS 150, 1998 WL 67638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-co-v-mitsubishi-electronics-america-inc-alacivapp-1998.