Detroit Marine Engineering, Inc. v. Maloy

419 So. 2d 687
CourtDistrict Court of Appeal of Florida
DecidedSeptember 1, 1982
DocketAC-100
StatusPublished
Cited by12 cases

This text of 419 So. 2d 687 (Detroit Marine Engineering, Inc. v. Maloy) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Detroit Marine Engineering, Inc. v. Maloy, 419 So. 2d 687 (Fla. Ct. App. 1982).

Opinion

419 So.2d 687 (1982)

DETROIT MARINE ENGINEERING, INC., and Sheller-Globe Corporation, Appellants,
v.
Carolyn MALOY, As Personal Representative of the Estate of Aubrey Maloy, Deceased, Appellee.

No. AC-100.

District Court of Appeal of Florida, First District.

September 1, 1982.
Rehearing Denied October 5, 1982.

*688 Robert P. Gaines of Beggs & Lane, Pensacola, for Detroit Marine Engineering, Inc., appellant.

Charles J. Kahn, Jr., and Louis K. Rosenbloum of Levin, Warfield, Middlebrooks, Mabie & Magie, Pensacola, for Sheller-Globe Corp., appellant.

Stephen S. Poche, Shalimar and Henry T. Courtney, Miami, for appellee; George W. Chesrow, Miami, of counsel.

McCORD, Judge.

Detroit Marine Engineering, Inc. (Detroit Marine) and Sheller-Globe Corporation *689 (Sheller-Globe) appeal from a final judgment, rendered after a jury trial, in favor of Carolyn Maloy as the personal representative of the Estate of Aubrey Maloy in a wrongful death action. The personal representative was awarded compensatory damages against both defendants of $50,000 for the estate, $500,000 for herself, and $600,000 for her daughter. Also assessed were punitive damages for the estate of $50,000 against each of the two appellants.

While appellants raise a multiplicity of issues, this appeal essentially stands or falls on their contention that the trial court erred in failing to grant their motions for directed verdict on the issue of liability. Accordingly, the following are the facts in the light most favorable to the Estate, considered for the purpose of determining whether Detroit Marine and Sheller-Globe were entitled to a directed verdict upon liability.

On April 30, 1977, the deceased took a boat borrowed from his wife's uncle to Lake Silver to test it before taking the boat to Louisiana for a planned vacation and fishing trip with his family. According to his usual practice, Aubrey Maloy told his wife and children to wait on the shore of Lake Silver while he took out the boat and tried it first. He told his wife and children that if everything was alright with the boat, he would come back in a few minutes, pick them up, and take them for a ride.

Within three to five minutes after Maloy had left shore in the boat, an onlooker standing at the launching ramp, James Watford, first became aware that there was a problem with the boat. Watford saw Aubrey in the water with the boat circling about him. According to another onlooker on the dock, Dr. Robert Fountain, Aubrey was trying to dodge the boat, which was coming close to him, "turning in fairly tight circles" in the middle of the lake. Upon realizing Aubrey's predicament, Fountain and Watford went out into the lake in Fountain's boat. When they reached the area where they thought Maloy had gone down the last time, Fountain put on a mask and fins and dove into the water; however, he was unsuccessful in his search due to the murkiness of the water. Marking the location with buoys, they returned to shore and called the sheriff's department and an ambulance. After a deputy arrived, Fountain got his scuba equipment, went back into the lake, and shortly afterwards located Maloy's body. He also recovered part of the steering wheel, the rim, very near the body. Once the boat had run itself ashore, it was discovered that the hub was still intact on the steering column of the boat and that the driver's seat had been overturned. Otherwise there was no indication as to what had caused Maloy to be thrown from the boat. Nobody on the shore had been watching him at the time of this unfortunate incident.

Upon this basic overlay of facts, the plaintiff sought to prove that the steering wheel was defective and that its fracturing was the cause of Maloy's death. The history of this particular steering wheel is thus of crucial importance in resolving the issues presented by this appeal.

Sheller-Globe's primary business is manufacturing steering wheels. Until 1968, all of the plastic steering wheels manufactured by it had a metal insert inside of them. The metal insert consisted of a steel hub to which steel spokes and a rim are welded together. The metal insert is then placed in a mold and plastic is injected around the steel insert. However, sometime prior to 1968, the president of Detroit Marine approached Sheller-Globe about manufacturing a cheaper wheel because Detroit Marine desired a wheel that could be purchased for less than $2.00. This led to the development of an insertless wheel, the only apparent advantage of which is that it could be made more cheaply.

Sheller-Globe began production of these insertless marine steering wheels in 1968. Detroit Marine's president gave Sheller-Globe's designer the details as to the styling of the insertless wheel. The mold for the wheel was designed by a Canadian company and was owned by Detroit Marine. Detroit Marine also supplied the diecast hubs to Sheller-Globe for use in the manufacture of *690 the wheel. This manufacture occurred despite the opposition of Paul Weitzman, who was responsible for the production of plastic steering wheels for Sheller-Globe. Weitzman questioned the reliability of an allplastic steering wheel and felt that such a wheel would have only a limited use on small boats in inland lakes but not on a racing craft or on an application where unusual torque requirements would exist and that the wheel would be subject to deterioration in the sun.

Donald Bowser, who was the manager of engineering at Sheller-Globe's plant where the insertless wheels were manufactured, was also critical of the insertless plastic wheels. He, too, felt that the wheel was not strong enough. Another former mechanical engineer for Sheller-Globe, Herbert McKen, also testified that from 1968 to 1978, the insertless wheels were not "a reliable product" and "shouldn't be put on the market." By 1978, however, improved engineering processes and better knowledge of plastics had resulted in a significantly improved insertless wheel. In 1972, when the subject wheel had been manufactured, adequate process control equipment had not yet been invented and it was "very difficult to determine whether (the company) had a good product or not."

Plaintiff also presented the crucial testimony of Lawrence J. Broutman. Dr. Broutman had a PhD in plastics engineering at MIT and is a professor of engineering at the Illinois Institute of Technology, among other impressive credentials. Broutman testified that the wheel was defective in several respects. First, it was defectively designed. For one, the areas where the spokes of the steering wheel attached to the hub were too thin. Further, the most severe design defect was that there was absolutely no attempt in this wheel to round off corners. Broutman explained that in designing a plastic product, two walls or sections of the plastic should never meet so as to form a sharp corner. He directly attributed the wheel's fracture to this very defect.

Broutman also felt that there were several manufacturing defects which caused the steering wheel to be brittle and weak. He noted that the plastic used, known as ABS, was a combination of polystyrene and rubber. The rubber was utilized to add ductility to the plastic. However, upon exposure to ultraviolet rays, such as sunlight, the ABS would become brittle and subject to deterioration. Broutman also felt that the ABS had deteriorated because of excessive heating of the plastic prior to injection into the mold and because of the addition of regrind material. The addition of regrind was a problem because it had already been subjected to elevated temperatures and had thus somewhat deteriorated.

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