Carbajal v. W.W. Babcock Co.

33 Pa. D. & C.4th 289, 1996 Pa. Dist. & Cnty. Dec. LEXIS 168
CourtPennsylvania Court of Common Pleas, Adams County
DecidedSeptember 12, 1996
Docketno. 92-S-876
StatusPublished

This text of 33 Pa. D. & C.4th 289 (Carbajal v. W.W. Babcock Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Adams County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carbajal v. W.W. Babcock Co., 33 Pa. D. & C.4th 289, 1996 Pa. Dist. & Cnty. Dec. LEXIS 168 (Pa. Super. Ct. 1996).

Opinion

KUHN, J.,

Plaintiff, Ignacio Carbajal, filed an amended complaint sounding in negligence and strict liability. Plaintiff contends that on October 1,1990, he sustained serious injury while working as a farm laborer. He claims that his left foot slipped off the rung of a ladder as he reached for an apple, [290]*290and the fruit harvesting bag he was using shifted causing him to lose his balance and fall off the orchard ladder manufactured by defendant, W.W. Babcock Company Inc. Babcock’s liability under both counts is premised upon its failure to affix adequate English and Spanish warnings to the ladder which would alert the user that the ladder should only be used for ascending and descending, that it should not be used as a work platform to harvest fruit, and that quadriplegia or death could result from falls off the ladder.

After extensive discovery, Babcock filed a motion for summary judgment which is before the court for disposition. Babcock’s position is that plaintiff has either assumed the risk or not identified a defect with the ladder which caused his fall.

It has often been stated that:

“Summary judgment may be granted if the pleadings, depositions, answers to interrogatories and admissions on file show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.... Summary judgment may be entered only in cases that are clear and free from doubt.. . . The moving party . . . has the burden of proving that no material issue of fact exists. . . .” Allstate Insurance Co. v. McFadden, 407 Pa. Super. 537, 540, 595 A.2d 1277, 1278 (1991), alloc. denied, 529 Pa. 644, 602 A.2d 855 (1992). (citations omitted)

In addition, “the record must be examined in the light most favorable to the non-moving party, accepting as true all well-pleaded facts in the pleadings and giving that party the benefit of all reasonable inferences drawn therefrom.” Godlewski v. Pars Manufacturing Company, 408 Pa. Super. 425, 430, 597 A.2d 106, 109 (1991). Finally, pursuant to the Nanty-Glo rule, summary judgment is not available where the moving party relies [291]*291exclusively upon oral affidavits or depositions to establish the absence of a genuine issue of material fact, except where that oral testimony consists of admissions of the opposing party or his witnesses. Johnson v. Johnson, 410 Pa. Super. 631, 637, 600 A.2d 965, 968 (1991).

Evidence favorable to plaintiff suggests that at the time of the accident he was a 49-year-old Mexican laborer who had been a fruit picker for 17 years. He is unable to read English. On October 1, 1990, and for a period of at least three weeks plaintiff had been using a ladder designed and manufactured by Babcock. The ladder is known as a 20-foot long “spread bottom fruit single” and according to Babcock’s catalog: “It is designed for the orchard where maximum stability and safety are required.” The ladder was constructed of wood with wooden rungs having a 1-5/32" diameter. Certain warning labels may have been placed on the ladder by the manufacturer but none were present at the time of the accident.

Late in the afternoon of the day in question, plaintiff ascended the ladder to a point where his feet were on the fourth rung from the top of the ladder and his left hand was holding on to the top rung. As plaintiff reached for an apple with his right hand, his left foot slipped off the rung, and a picking bag containing approximately 40 pounds of apples swung away from the left side of his body causing plaintiff to fall to his left and off the ladder. The ladder stayed in the tree.

Plaintiff testified in his deposition that he had only seen one other person fall off an orchard ladder before and that he had never experienced a fall before this [292]*292incident. He further stated that if the ladder displayed a warning that it was unsafe as a workstation for picking apples he would not have used it.

Two issues are presented in this motion for summary judgment. The first is whether, as a matter of law, the subject ladder was defective and unreasonably dangerous because it lacked the warnings suggested. The second issue is whether plaintiff assumed the risk.

Strict liability based upon section 402 of Restatement (Second) of Torts has been part of Pennsylvania law since Webb v. Zern, 422 Pa. 424, 220 A.2d 853 (1966). That section provides,

“Section 402A. Special liability of seller of product for physical harm to user or consumer.

“(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if

“(a) the seller is engaged in the business of selling such a product, and

“(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it was sold.”

A manufacturer is a guarantor of its product, not an insurer, and it is not the purpose of section 402A to impose absolute liability. Davis v. Berwind Corp., 433 Pa. Super. 342, 353, 640 A.2d 1289, 1295 (1994), alloc. granted, 540 Pa. 582, 655 A.2d 514 (1995). Thus, the plaintiff in a section 402A case has the burden of showing that “(1) the product was defective; (2) the defect caused the injury; and (3) the defect existed at the time the product left the manufacturer.” Demmler [293]*293v. SmithKline Beecham Corp., 448 Pa. Super. 425, 430, 671 A.2d 1151, 1153 (1996).

The focus of this discussion will be upon whether the ladder in question was “defective.” A product may be defective because of design or, as argued by plaintiff, because of inadequate warnings. A product is defective due to inadequate warnings when it is “distributed without sufficient warnings to notify the ultimate user of the dangers inherent in the product.” Phillips v. A-Best Products Co., 542 Pa. 124, 131, 665 A.2d 1167, 1171 (1995). The danger for which warnings are required refers to “nonobvious dangers inherent in the use of the product.” Davis v. Berwind Corp., supra at 354, 640 A.2d at 1296. Whether, in aparticular case, aproduct is deemed to be defective because of an inadequate warning is a “question of law to be decided by the trial court,” Fletcher v. Raymond Corp., 424 Pa. Super. 605, 611, 623 A.2d 845, 848 (1993), and resolution of that question generally depends upon considerations of social policy. Jordon by Jordon v. K-Mart Corp., 417 Pa. Super. 186, 189, 611 A.2d 1328, 1330 (1992).

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Related

Demmler v. SmithKline Beecham Corp.
671 A.2d 1151 (Superior Court of Pennsylvania, 1996)
Long v. Norriton Hydraulics, Inc.
662 A.2d 1089 (Superior Court of Pennsylvania, 1995)
Ellis v. Chicago Bridge & Iron Co.
545 A.2d 906 (Supreme Court of Pennsylvania, 1988)
Godlewski v. Pars Manufacturing Co.
597 A.2d 106 (Superior Court of Pennsylvania, 1991)
Davis v. Berwind Corp.
640 A.2d 1289 (Superior Court of Pennsylvania, 1994)
MacKowick v. Westinghouse Electric Corp.
575 A.2d 100 (Supreme Court of Pennsylvania, 1990)
Fletcher v. Raymond Corp.
623 A.2d 845 (Superior Court of Pennsylvania, 1993)
Johnson v. Johnson
600 A.2d 965 (Superior Court of Pennsylvania, 1991)
Kupetz v. Deere & Co., Inc.
644 A.2d 1213 (Superior Court of Pennsylvania, 1994)
Phillips v. A-Best Products Co.
665 A.2d 1167 (Supreme Court of Pennsylvania, 1995)
Dauphin Deposit Bank & Trust Co. v. Toyota Motor Corp.
596 A.2d 845 (Superior Court of Pennsylvania, 1991)
Allstate Insurance v. McFadden
595 A.2d 1277 (Superior Court of Pennsylvania, 1991)
Webb v. Zern
220 A.2d 853 (Supreme Court of Pennsylvania, 1966)
JORDON BY JORDON v. K-Mart Corp.
611 A.2d 1328 (Superior Court of Pennsylvania, 1992)
Mucowski v. Clark
590 A.2d 348 (Superior Court of Pennsylvania, 1991)
Morris v. Adolph Coors Co.
735 S.W.2d 578 (Court of Appeals of Texas, 1987)

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Bluebook (online)
33 Pa. D. & C.4th 289, 1996 Pa. Dist. & Cnty. Dec. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carbajal-v-ww-babcock-co-pactcompladams-1996.