Andries v. General Motors Corp., Delco Batteries Division

417 So. 2d 479, 1982 La. App. LEXIS 7683
CourtLouisiana Court of Appeal
DecidedJune 29, 1982
DocketNo. 14992
StatusPublished
Cited by3 cases

This text of 417 So. 2d 479 (Andries v. General Motors Corp., Delco Batteries Division) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andries v. General Motors Corp., Delco Batteries Division, 417 So. 2d 479, 1982 La. App. LEXIS 7683 (La. Ct. App. 1982).

Opinion

SHORTESS, Judge.

Alan V. Andries (plaintiff) was injured when a Delco battery exploded in his face and blinded him in the left eye. He brought suit against General Motors Corporation, manufacturer of the battery. A jury returned a verdict in defendant’s favor, and plaintiff has appealed to this court.

The jury made its findings using a special interrogatory form, as follows:

1. Was the Delco battery in normal use at the time of the accident?
Yes V No_
2. Was the Delco battery unreasonably dangerous in normal use at the time of its manufacture?
Yes_ No /
3. Did the defendant General Motors give an adequate warning of any unreasonable danger from a foreseeable use of the product?
Yes V No_
4. Was the damage to plaintiff, if any, actually caused by the Delco battery?
Yes / No_
5. Did plaintiff assume the risk of injury suffered?
Yes_ No /

Plaintiff’s complaint on appeal is that the jury’s finding that an adequate warning was given was contrary to law and the evidence presented at trial; that the trial court erred in failing to properly instruct the jury of defendant’s duty to warn of the battery’s dangerous propensities; that the court erred in refusing to give plaintiff’s requested instructions on duty to warn and by striking the word “clear” from special interrogatory No. 3.

Most of the relevant evidence is undisputed. A stipulation of fact was entered at the beginning of trial, wherein the parties agreed that a 1977 Chevrolet Malibu Classic automobile had been purchased new by Mickey J. Marcello from a General Motors dealer in Louisiana, which contained as original equipment a Delco battery manufactured by defendant; that this battery was designated as a Y-86-P battery, which was the type battery in the vehicle at the time of the accident.

On June 7,1978, around 9:00 p. m., plaintiff, his wife and child were enjoying an automobile ride when they came upon a disabled vehicle at the intersection of Tara Boulevard and Goodwood Boulevard; that Bessie Marcello, who had been driving the disabled car, had left it and was standing across the street with a small child; that plaintiff asked her if she needed help; that he obtained her ignition keys and approached the vehicle; that when he attempted to start the car he noticed that neither the buzzer nor the dome light worked; that he pulled the hood latch, went around to the front of the car, and was met by Jimmy Carlino, Mrs. Marcello’s cousin; that the two men looked under the hood; that it was nighttime and visibility was poor but plaintiff did find the battery and actually removed one or two of the battery [481]*481caps; that plaintiff asked if anyone had a flashlight and even went to his car in an attempt to find one, but was unable to do so; that he took a cigarette lighter out of his pocket, lit it, and an explosion occurred; and that this explosion caused serious damage to his face and eyes.

One of the disputed facts in this scenario is where plaintiff was standing at the time of the explosion, i.e., was he leaning over the hood before he lit the lighter, or did the explosion occur while he was standing erect and in front of the vehicle itself.

Jimmy Carlino testified that he was just to the plaintiff’s right before the explosion; and that the plaintiff leaned over the battery just before it exploded. Plaintiff testified that he took the lighter out of his pocket, struck the lighter, leaned over toward the car, put the lighter down into the compartment, and the explosion occurred which knocked him back.

The trial judge gave the following instruction relative to adequate warning:

A manufacturer of a product must give an adequate warning of any danger inherent in any product made by him or in its use which he knows or should know, and which the user of the product would not ordinarily discover. The warning should be such that if followed, it would make the product safe for users. To comply with this duty, the manufacturer must appropriately label the product, giving due consideration to the likelihood of accident and the seriousness of the consequences from failure to label it to warn of any dangers that are inherent in it and its use or that may arise from improper handling or use of the product. However, the duty of a manufacturer to warn goes only to those dangers which are not obvious. A manufacturer is not compelled to warn knowledgeable purchasers of the dangers of which they know or should be aware.

The interrogatory submitted to the jury on the adequate warning issue stated:

Did the defendant General Motors give an adequate warning of any unreasonable danger from a foreseeable use of the product?

The jury answered the interrogatory by a vote of 9 to 3, in favor of defendant. In connection therewith, a facsimile of the warning was introduced in evidence, and a copy thereof is shown below:

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Related

Andries v. General Motors Corp., Delco
444 So. 2d 1180 (Supreme Court of Louisiana, 1983)
Smith v. Formica Corp.
439 So. 2d 1194 (Louisiana Court of Appeal, 1983)
Andries v. General Motors Corp.
421 So. 2d 245 (Supreme Court of Louisiana, 1982)

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Bluebook (online)
417 So. 2d 479, 1982 La. App. LEXIS 7683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andries-v-general-motors-corp-delco-batteries-division-lactapp-1982.