Bloxom v. Bloxom

494 So. 2d 1297
CourtLouisiana Court of Appeal
DecidedDecember 5, 1986
Docket18023-CA
StatusPublished
Cited by10 cases

This text of 494 So. 2d 1297 (Bloxom v. Bloxom) 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
Bloxom v. Bloxom, 494 So. 2d 1297 (La. Ct. App. 1986).

Opinion

494 So.2d 1297 (1986)

Lewis BLOXOM, et al, Plaintiffs-Appellees,
v.
Lonnie BLOXOM, et al, Defendants-Appellants.

No. 18023-CA.

Court of Appeal of Louisiana, Second Circuit.

September 24, 1986.
Writ Granted December 5, 1986.

*1298 Francis M. Gowen, Jr., Shreveport, for defendants-appellants.

Lunn, Irion, Johnson, Salley & Carlisle by Charles W. Salley, Brian D. Smith, Shreveport, for plaintiffs-appellees.

Before JASPER E. JONES, FRED W. JONES, Jr. and LINDSAY, JJ.

LINDSAY, Judge.

This suit was filed by Mr. and Mrs. Lewis Bloxom against Lonnie Bloxom and his liability insurer, Allstate Insurance Company, for damages resulting from the negligence of Lonnie Bloxom and against Pontiac Division of General Motors Corporation (General Motors) for an alleged defect in Lonnie's 1980 Pontiac Firebird Transam. Prior to trial, plaintiffs settled with Lonnie Bloxom and Allstate Insurance Company and the trial court granted a summary judgment in favor of Lonnie Bloxom and Allstate Insurance Company, dismissing all claims filed against them by General Motors. *1299 Following a trial on the merits, the trial court rendered a judgment in favor of plaintiffs, finding that Lonnie Bloxom and General Motors were each fifty percent at fault in causing the plaintiff's damages. General Motors brought this appeal to challenge the trial court's finding that "the exhaust system, as manufactured, and particularly as it related to the catalytic converter, is unreasonably dangerous to normal use, and that plaintiff's damages were caused by reason of the defect." We reverse that portion of the trial court judgment which held General Motors fifty percent at fault in causing the accident, as we find that Lonnie Bloxom's automobile was not defective.

In June of 1982, Mr. and Mrs. Lewis Bloxom were to leave for a vacation and had arranged for their son, Lonnie Bloxom, to stay at their residence in Frierson, Louisiana while they were away. Lonnie drove his 1980 Pontiac Firebird Transam approximately twenty miles from Shreveport to Frierson at an average speed of sixty miles per hour in order to reach his parents' residence.

Lonnie Bloxom testified that he had no problems with his automobile and that it ran smoothly during the trip to his parents' residence.

Upon arrival, it appeared to Lonnie that it might rain. Since his automobile had its T-top removed, Lonnie decided to back his car into his parents' hay barn. Later, Lonnie's girlfriend discovered that the hay barn was on fire and warned others at the residence. A local volunteer fire department was contacted. However, the barn, calf stalls, hay and automobile were completely destroyed by the fire.

In order to determine the cause and origin of the fire, the captain of the volunteer fire department contacted the State Fire Marshall's Office to have an investigator come to the Bloxom residence. Daniel Snow, Jr., presently a fire investigator for INS Investigation Bureau, Inc., responded to the call. From his investigation he concluded that the fire originated under Lonnie's vehicle and that the probable cause of the fire was the catalytic converter. This determination was based upon several factors. First, the pattern of the fire indicated that it started under Lonnie's automobile. Additionally, it was determined that Lonnie did not smoke and therefore a discarded cigarette would not have been the cause. Likewise, spontaneous combustion of the hay was eliminated as a possibility because the amount of hay under the car was not sufficient to create the conditions necessary for spontaneous combustion. Last, an inspection of the electrical wiring found in the barn did not yield any evidence of a short or other problem which would cause a fire.

General Motors presented two witnesses at trial. The first was Alfredo Gonzales, district sales manager for General Motors. Mr. Gonzales inspected the car and the former barn site in early December, 1983; approximately a year and a half after the fire. The site had been bulldozed and cleaned and the car moved from its original location and exposed to the weather. Visual inspection of the car revealed no abnormality in the converter with the exception of one small surface dent. While at the Bloxom residence, Mr. Gonzales obtained a sample of hay for laboratory analysis.

The second witness presented by General Motors was Jack Zimmerman, senior staff analysis engineer for General Motors Corporation. It was his opinion that the fire could not have been caused by the exhaust system of the automobile.

The basis for Mr. Zimmerman's opinion is the difference between the minimum temperature required to ignite the hay obtained by Mr. Gonzales and the maximum temperature reached by a catalytic converter. Mr. Zimmerman's testimony outlining the temperatures reached by various components of the exhaust system is summarized by the chart below.

*1300
EXHAUST  SYSTEM   SKIN TEMPERATURE (° F)
                     Exhaust
                     Manifold     Ezhaust Pipe     Converter      Muffler
Idle                                                 [430]
55 MPH               822                 649          227          292
55 MPH & Soak        788                 627          495          389
70 MPH               943                 729          256[260]     325
70 MPH & Soak        883                 695          556          451
90 MPH                                               [330]
90 MPH & Soak                                        [535]
Idle,
  2 plugs not firing  538                516           875          735
Idle & Soak,
   2 plugs not firing  534               507            860          709

Mr. Zimmerman explained that the term "soak," as used on the chart, indicated that the automobile had been driven at the indicated speed until a constant temperature was reached and then the engine was shut off in a wind free environment. The temperatures were obtained by attaching thermocouplers to the underside of the various components on a "Typical 1975 General Motors V8 Engine." The bracketed temperatures were obtained from a test on a single car identical to the car involved herein. During the three or four minute period constituting "soak," the skin temperature of the exhaust manifold and exhaust pipe would drop, while that of the converter and muffler would rise. The rise in temperature is due to the high mass and insulation of these components. Furthermore, the converter on a 1980 Pontiac Firebird is six and a half to seven inches from the ground and the exhaust manifold is twelve to fifteen inches from the ground.

While a converter may overheat due to poor maintenance of an automobile engine, Mr. Zimmerman felt that this did not occur as Lonnie Bloxom testified that the car was in good running condition. Also during Mr. Gonzales' inspection of the car, none of the signs of overheating were observed, such as swelling, splitting, enlarging and discoloration. These conditions will occur when a converter reaches a temperature of 1050 degrees.

As a comparison, Mr. Zimmerman conducted tests to determine the ignition point of the hay obtained by Alfredo Gonzales from the Bloxom farm. This test was conducted in accordance with the guidelines established by the Experimental Department of the United States Forest Service in California. In conducting this test, a simple barbecue charcoal ignitor is placed in contact with the hay, or other matter, at a set temperature until a "glow" type fire is observed. This test is conducted with a two mile per hour wind blowing on the hay.

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