Charpie v. Lowes Home Centers, Inc.

930 F. Supp. 1498, 1996 U.S. Dist. LEXIS 9827, 1996 WL 391989
CourtDistrict Court, M.D. Alabama
DecidedJuly 2, 1996
DocketNo. CV-95-A-260-N
StatusPublished

This text of 930 F. Supp. 1498 (Charpie v. Lowes Home Centers, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charpie v. Lowes Home Centers, Inc., 930 F. Supp. 1498, 1996 U.S. Dist. LEXIS 9827, 1996 WL 391989 (M.D. Ala. 1996).

Opinion

MEMORANDUM OPINION

ALBRITTON, District Judge.

This cause is before the court on a motion for summary judgment filed by the defendant, Lowe’s Home Centers, Inc. (“Lowe’s”).

I.BACKGROUND

On or about January 23, 1993, plaintiff Paul Charpie (“Mr. Charpie”) injured his right hand while using a table saw purchased at Lowe’s. Mr. Charpie, trying to get the blade to come up more quickly, stuck his hand under the saw after the power was shut off but while the blade was still rotating. The blade sliced his fingers.

Suit was originally filed in the Circuit Court of Barbour County, Alabama, and the case was removed to this court on the basis of diversity of citizenship. Mr. Charpie asserted claims based on negligence, willful and/or wanton conduct, breach of contract, breach of warranty, and the Alabama Extended Manufacturer’s Liability Doctrine (“AEMLD”). He alleges that the table saw was defectively designed. At the pretrial hearing held on June 20, 1996, the Plaintiff withdrew all claims except his claim pursuant to the AEMLD.

On April 26,1996, defendant Lowe’s filed a motion for summary judgment. In this motion, Lowe’s advances four defenses to the products liability action: (1) no causal relation; (2) contributory negligence; (3) assumption of the risk; and (4) product misuse. In his response to the defendant’s motion, the plaintiff argues that Lowe’s is not entitled to any of these affirmative defenses.

II.STANDARD

Under Fed.R.Civ.P. 56(c), summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The movant “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the ‘pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. at 2553. The movant can fulfill this burden by presenting evidence showing that no dispute of material fact exists, or by showing that the nonmoving party did not present evidence in support of some elements of its case on which it bears the ultimate burden of proof at trial. Id. at 322-23, 106 S.Ct. at 2552-53.

Once the moving party has met its burden, Rule 56(e) “requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Id. at 234. To avoid summary judgment, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). On the other hand, the evidence of the nonmovant must be believed and all justifiable inferences must be drawn in its favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202 (1986).

After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(e).

III.DISCUSSION

In Casrell v. Altec Indus., Inc., 335 So.2d 128 (Ala.1976), the Alabama Supreme Court held that the affirmative defenses of no causal relation, contributory negligence, assumption of the risk and product misuse were available to defendants under the [1501]*1501AEMLD. Lowe’s asserts each of these defenses.1

A. No Causal Relation

In Atkins v. American Motors Corp., 335 So.2d 134 (Ala.1976), the Alabama Supreme Court explained the requirements of the defense of no causal relation. The defendant must show that no causal relation exists between his activities in handling the product and its defective condition. A defendant may show this by proving four elements: (1) “he is in the business of either distributing or processing for distribution finished products”; (2) “he received a product already in a defective condition”; (3) “he did not contribute to this defective condition”; and (4) “he had neither knowledge of the defective condition, nor an opportunity to inspect the product which was superior to the knowledge or opportunity of the consumer.” Id. at 143. A superior opportunity to inspect must be a meaningful one. Consolidated Pipe & Supply Co. v. Stockham Valves & Fittings, Inc., 365 So.2d 968, 971 (Ala.1978). “If the defect was latent and could not have been discovered by either consumer or distributor by a reasonable inspection, neither had a superior opportunity.” Id.

Lowe’s presented evidence that (1) it was in the business of distributing finished products and that it was not customary for Lowe’s to do anything to the table saws other than place the boxes containing the saws on the shelves; (2) it did not do anything to the saws; consequently, if the table saw was defective, it was defective when received; (3) it did not contribute to the defective condition of the saw because the saw was packaged in a sealed box and never opened; and (4) it had no knowledge of any defective condition and, because each box was shut, no personnel at Lowe’s had any opportunity to inspect the saw which was superior to the knowledge or opportunity of the plaintiff.

The court can easily conclude that Lowe’s fulfilled the first three elements of the no causal relation defense. Lowe’s is in the business of selling finished products; the only activity it conducted with the table saw was placing the table saw on the store shelf for sale; therefore, Lowe’s could not have contributed to the defective condition of the saw, if any defect existed. The fourth element requires further discussion.

Lowe’s established that it had no knowledge of any defective condition of the saw. However, the plaintiff contends that Lowe’s has superior expertise because it is a “large company which operates stores in several states and which specializes in selling of [sic] home construction and remodeling products, including power tools.” This contention does not support a finding of superior knowledge. Lowe’s is not deemed to have superior knowledge simply because it displays table saws and employs sales personnel knowledgeable about table saws. To hold that a distributor has superior knowledge because he sells table saws would render the causal relation defense illusory. Simply being in the business of selling a particular item such as a table saw, without something more, is insufficient to establish superior knowledge of the defendant.

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Caudle v. Patridge
566 So. 2d 244 (Supreme Court of Alabama, 1990)
CONSOL. PIPE & SUPPLY v. Stockham Valves & Fittings
365 So. 2d 968 (Supreme Court of Alabama, 1978)
Wallace v. Doege
484 So. 2d 404 (Supreme Court of Alabama, 1986)
Atkins v. American Motors Corp.
335 So. 2d 134 (Supreme Court of Alabama, 1976)
Casrell v. Altec Industries, Inc.
335 So. 2d 128 (Supreme Court of Alabama, 1976)
Johnson v. Niagara MacH. and Tool Works
555 So. 2d 88 (Supreme Court of Alabama, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
930 F. Supp. 1498, 1996 U.S. Dist. LEXIS 9827, 1996 WL 391989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charpie-v-lowes-home-centers-inc-almd-1996.