Bloxom v. Bloxom

512 So. 2d 839, 72 A.L.R. 4th 43
CourtSupreme Court of Louisiana
DecidedSeptember 9, 1987
Docket86-C-2108
StatusPublished
Cited by159 cases

This text of 512 So. 2d 839 (Bloxom v. Bloxom) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bloxom v. Bloxom, 512 So. 2d 839, 72 A.L.R. 4th 43 (La. 1987).

Opinion

512 So.2d 839 (1987)

Lewis BLOXOM, et ux.
v.
Lonnie BLOXOM, et al.

No. 86-C-2108.

Supreme Court of Louisiana.

September 9, 1987.

*840 Francis Gowen, Jr., Shreveport, for applicant.

*841 Charles Salley, Brian Smith, Lunn, Irion, Johnson, Salley & Carlisle, Shreveport, for respondent.

DENNIS, Justice.

In this products liability case the catalytic converter-exhaust system of a 1980 Pontiac Trans Am Firebird parked in a barn ignited hay under the vehicle causing a fire and the destruction of plaintiffs' barn and other property. We are called upon to decide whether the car was in "normal use", whether the owner's manual gave "adequate warning" of the catalytic converter-exhaust system's incendiary propensity, and whether there was a causal connection between any deficiency in the warnings and the plaintiffs' damages. After a bench trial the district court found that the fire in fact had been caused by the car's converter-exhaust system and awarded the plaintiffs damages. The court of appeal reversed, holding that the vehicle was not in normal use when it ignited the hay over which it was parked. We affirm. "Normal use" of a product encompasses all reasonably foreseeable uses and misuses of the product. Whether a particular warning was "adequate" depends on all relevant considerations including the severity of the danger, the likelihood of successful communication of the warning to foreseeable consumers, the intensity and form of the warning, and the cost of improving the strength or mode of the warning. Although the plaintiffs proved that the car was in "normal use" and that the manufacturer failed to give an "adequate warning", plaintiffs' case failed because the manufacturer rebutted the presumption of a causal connection between the lack of an adequate warning and the damages by showing that an adequate warning in the owner's manual would have been futile because the owner never read the manual before parking the car over hay.

Facts

On June 24, 1982, Lonnie Bloxom parked his 1980 Trans Am Firebird in his parents' hay barn on their dairy farm in Frierson, Louisiana. Lonnie, who was 22 years old and had completed the 9th grade in formal education, worked for his parents on the farm. Lonnie had just driven his car from his home in Keithville at a maximum speed of 60 mph for approximately 20 minutes. The t-top on the car had been removed and rain was threatening, so Lonnie decided to move the car into the barn rather than put the t-top back into place. When Lonnie got out of the car, he noticed that the hay reached the bottom of the door on the driver's side. Hay bales were stored on the sides of the barn and hay was scattered over the dirt floor in varying depths. Lonnie's girlfriend, who was visiting, noticed some time later that the barn was on fire. The fire department was called, but the barn, the hay stored in the barn, attached calf pens, and the car were destroyed.

An investigator from the State Fire Marshall's Office, Daniel Snow, was sent out on June 25, to determine the cause of the fire. Snow ruled out arson and determined that the fire was caused by the car's catalytic converter or some other part of the exhaust system.

Lonnie's parents, Mr. and Mrs. Lewis Bloxom, the owners of the barn, hay and calf pens, filed suit on December 22, 1982 against their son; his insurer, Allstate Insurance Company; and Pontiac, a division of General Motors Corporation (GM). The Bloxoms' asked for damages caused by the negligent actions of Lonnie Bloxom and by the unreasonably dangerous condition of the Pontiac Firebird's catalytic converter or some other part of the car. A third party demand was filed against Lonnie Bloxom and his insurer by GM which alleged that the damage was caused by the negligence of Lonnie Bloxom and prayed for full indemnity or contribution of a virile share of any judgment rendered against GM.

Lonnie and Allstate settled with the Bloxoms' before trial for the policy limit of $5,000.00. The claims against Lonnie and Allstate by the Bloxoms' were then dismissed by the court. A motion for summary judgment on the third party demand against GM was filed by Lonnie and Allstate and granted by the trial court on April 25, 1983.

*842 At the trial, Mr. Snow testified that he had systematically ruled out other possible causes and that the most probable cause of the fire was the catalytic converter or some other part of the hot exhaust system. Gonzales, a district sales manager for GM, testified that he was sent to inspect the site of the fire one and one-half years after the incident. Gonzales, by observing the exterior of the catalytic converter on the burned out car, determined that the converter was not malfunctioning or defective. He also took a sample of the hay from the scene for later analysis. Zimmerman, a senior staff analyst for GM, was called as defendant's expert witness. Zimmerman reviewed test research conducted by GM on catalytic converters and other components of the exhaust system. He testified that, in his opinion, the catalytic converter did not get hot enough to ignite hay and therefore could not have caused the fire. Zimmerman postulated other possible causes for the fire, but also admitted that parts of the exhaust system could have caused the fire if they had come in contact with combustible material. The catalytic converter and the tailpipe on the Firebird were six and one-half inches from the ground, with the exhaust manifold being located somewhat higher. Both Gonzales and Zimmerman testified that GM placed a notice in the owner's manual warning owners about the dangers of a hot exhaust system, even though the danger of the hot system was well known and had existed since 1895. Zimmerman also testified that in 1976 and 1977 California required that warnings be placed in the car's sun visor while the state investigated the possible role of the catalytic converter in the increase of forest fires, but the practice was discontinued when California repealed the visor placement requirement. In Zimmerman's opinion, other warning or safety devices to alert the driver to overheated exhaust systems were either not feasible or did not work.

Lonnie testified that he was aware that exhaust systems get hot, but he did not know that the catalytic converter or other parts of the system could get hot enough to cause a fire. He also testified that he had not read the owner's manual and only referred to owner's manuals when something went wrong with the product.

After the trial on the merits, the trial court found that it was more probable than not that: (1) the fire was started by the catalytic converter or some other part of the exhaust system coming in contact with the hay, (2) the exhaust system was unreasonably dangerous to normal use, (3) the plaintiffs' damages were caused by the reason of that defect, and (4) Lonnie Bloxom was negligent in parking the car over hay and in failing to read the owner's manual. Therefore, GM and Lonnie were each found to be responsible for 50% of the fault and consequent damages. Damages were established at $18,900.00, less 50% attributable to Lonnie Bloxom's fault, plus witness fees totaling $750.00.

GM appealed. The court of appeal reversed. Bloxom v. Bloxom, 494 So.2d 1297 (La.App. 2d Cir.1986).

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Bluebook (online)
512 So. 2d 839, 72 A.L.R. 4th 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloxom-v-bloxom-la-1987.