Burgett v. Troy-Bilt LLC

970 F. Supp. 2d 676, 2013 WL 4809328, 2013 U.S. Dist. LEXIS 128080
CourtDistrict Court, E.D. Kentucky
DecidedSeptember 9, 2013
DocketCivil No. 12-25-ART
StatusPublished
Cited by19 cases

This text of 970 F. Supp. 2d 676 (Burgett v. Troy-Bilt LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burgett v. Troy-Bilt LLC, 970 F. Supp. 2d 676, 2013 WL 4809328, 2013 U.S. Dist. LEXIS 128080 (E.D. Ky. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

AMUL R. THAPAR, District Judge.

When tragedy strikes, people naturally cast about for a cause. They might attribute what happened to fate or karma; find someone else to blame; or ultimately realize that responsibility lies only with themselves. When a lawn mower accident permanently disfigured Robert Burgett’s foot, he and his wife turned to this Court for answers. Based on various products liability theories, the Burgetts believe that four defendants — Troy-Bilt LLC, MTD Products, Inc., Lowe’s Home Improvement, LLC, and Lowe’s Home Centers, Inc.— caused their injuries. These defendants have moved for summary judgment, claiming that they are not the malefactors the Burgetts seek. Because gaps riddle the Burgetts’ evidence in support of their claim, the Court will grant the defendants’ motion.

BACKGROUND

The Burgetts live in Belfry, a town in the undulating hills of eastern Kentucky. R. 110 at 1. Like all good neighbors, they keep their yard tidy. For years, Robert Burgett cut his grass with a riding mower; never once did he encounter a problem. Id. Just over a year ago, this changed. Burgett was mowing his lawn when the mower allegedly tipped back and threw him from his seat. Id. Burgett claims that the driverless mower turned 180 degrees and charged downhill toward him.1 Id. The mower’s blades sliced through his foot, nearly amputating at least one toe. Id. No one witnessed the accident. However, the Burgetts’ neighbor, Annabelle Runyon, testified that she heard the sound of the mower running continuously after the accident. R. 97-2 at 17-18.

The Burgetts believe that an electrical defect caused one of the mower’s critical safety features, the operator presence control switch, to fail. R. 110 at 2. Under [680]*680normal conditions, the seat switch stops the mower if the driver leaves his seat. Id. According to the Burgetts, when this switch failed, their'mower ran amok without a driver at its helm — and ultimately ploughed into Robert Burgett’s foot. Id. On this theory, the Burgetts brought this products liability suit. They allege that MTD and Troy-Bilt designed a faulty product, manufactured the mower defectively, and omitted crucial warnings. See R. 1-3. The Burgetts also claim that the two Lowe’s entities (together, “Lowe’s”) negligently assembled the mower. Id. And, Donna Burgett complains of the loss of her husband’s consortium. Id.

The Burgetts hired one expert witness, Jay Nogan, to testify at trial, but the Court excluded his testimony. R. 110. The defendants now challenge the sufficiency of the Burgetts’ remaining evidence in separate motions for summary judgment. R. 94; R. 98. The Court held a hearing on these motions, ordered supplemental briefing, and now issues its opinion in this case. See R. 111.

DISCUSSION

Summary judgment is warranted if the pleadings, discovery and disclosure materials, and affidavits show that there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56. To prevail, the defendants must demonstrate that undisputed evidence forecloses the Burgetts’ claims or that the Burgetts cannot support their claims with admissible evidence. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The Burgetts must then respond with evidence showing a genuine factual dispute. Fed.R.Civ.P. 56(c)(1); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Relying on pleadings or “metaphysical doubts” will not forestall summary judgment; citing to the record is essential. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). If the Burgetts successfully rebut the defendants’ showing, the Court then decides whether a reasonable juror could find for the Burgetts on each of their claims when all reasonable inferences are drawn in their favor. See id.

I. Summary Judgment Is Justified on AH of the Burgetts’ Claims Against MTD and Troy-Bilt.

MTD and Troy-Bilt challenge the Burgetts’ five claims: (1) defective design on a negligence theory; (2) defective design on a strict liability theory; (3) defective manufacture; (4) failure to warn; and (5) loss of consortium. See R. 94-1. The record is devoid of evidence supporting key elements of the first three claims. The Burgetts concede their fourth claim, and their final claim cannot survive in the absence of an underlying tort. So, the Court must enter summary judgment against the Burgetts.

A. Troy-Bilt and MTD Are Entitled to Summary judgment on the Design Defect Claims.

The Burgetts allege that Troy-Bilt and MTD designed a defective product, R. 1-3 at 8-10. Without evidence of causation or that the design was unreasonably dangerous, their claim cannot survive summary judgment.

A plaintiff bringing a design defect claim must demonstrate two things. First, the product’s manufacturer must have breached its duty to use reasonable care to guard against foreseeable dangers. Ostendorf v. Clark Equip. Co., 122 S.W.3d 530, 535 (Ky.2003). A breach occurs when a design defect renders the product “unreasonably dangerous.” Id.; Low v. [681]*681Lowe’s Home Centers, Inc., 771 F.Supp.2d 739, 741 (E.D.Ky.2011). The trier of fact employs a risk-utility balancing test to evaluate the reasonableness of the design. Ostendorf, 122 S.W.3d at 535. That test requires the trier to compare alternative designs to decide whether the manufacturer breached its duty of care. Id.

Second, the defect must have been a substantial factor in bringing about the plaintiffs harm — in other words, a legal cause of his injury. Templeton v. Wal-Mart Stores East, LP, No. 08-169, 2011 WL 4591937, at *3 (E.D.Ky. Sept. 30, 2011); Low, 771 F.Supp.2d at 745. Circumstantial evidence alone can establish causation if it “tilt[s] the balance from ‘possibility’ to ‘probability.’ ” Holbrook v. Rose, 458 S.W.2d 155, 157-58 (Ky.Ct.App.1970); accord Arch Ins. Co. v. Broan-NuTone, LLC, 509 Fed.Appx. 453, 462 (6th Cir.2012). To rely on circumstantial evidence, however, the plaintiff must be able to rule out other possible causes of his injury. Templeton, 2011 WL 4591937, at *3; Perkins v. Trailco Mfg. and Sales Co., 613 S.W.2d 855,-857-58 (Ky.1981). In short, “where an injury may as reasonably be attributed to a cause that will excuse the defendant as to a cause that will subject it to liability, no recovery can be had.” Siegel v. Dynamic Cooking Sys., 501 Fed.Appx. 397, 405 (6th Cir.2012) (alterations and internal quotation marks omitted).

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Cite This Page — Counsel Stack

Bluebook (online)
970 F. Supp. 2d 676, 2013 WL 4809328, 2013 U.S. Dist. LEXIS 128080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgett-v-troy-bilt-llc-kyed-2013.