Fruehauf Corp. v. TRUSTEES OF FIRST, ETC.

387 So. 2d 106
CourtMississippi Supreme Court
DecidedAugust 27, 1980
Docket52089
StatusPublished
Cited by7 cases

This text of 387 So. 2d 106 (Fruehauf Corp. v. TRUSTEES OF FIRST, ETC.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fruehauf Corp. v. TRUSTEES OF FIRST, ETC., 387 So. 2d 106 (Mich. 1980).

Opinion

387 So.2d 106 (1980)

FRUEHAUF CORPORATION
v.
TRUSTEES OF FIRST UNITED METHODIST CHURCH.

No. 52089.

Supreme Court of Mississippi.

August 27, 1980.

*107 Watkins & Eager, Michael W. Ulmer, Jackson, for appellant.

Holcomb, Dunbar, Connell, Merkel, Tollison & Khayat, John H. Cocke, Clarksdale, for appellee.

Before PATTERSON, C.J., and BROOM and LEE, JJ.

BROOM, Justice, for the Court:

Strict liability in tort was the basis of the action of the Trustees of the First United Methodist Church (plaintiff herein) against appellant Fruehauf Corporation. Another defendant, James R. Ashcraft, an individual, was jointly sued but on grounds of simple negligence. Trial in the Circuit Court of Coahoma County resulted in a $19,777.63 jury verdict in favor of the plaintiff as against Fruehauf but exonerating Ashcraft. Fruehauf appeals, contending that the plaintiff failed to make out a case against Fruehauf under our landmark case of State Stove Manufacturing Company v. Hodges, 189 So.2d 113 (Miss. 1966). We affirm.

Central to the case is a one-inch nipple connector, an integral element of a tractor/trailer hydraulic system. On the trailer *108 is a male quick-couple connection which comes from a hydraulic line; the male quick-couple snaps onto the female connection mounted on the tractor (commonly called the truck). The female quick-coupling screws onto the nipple which measures about two (2) inches in length and one and one-fourth (1 1/4) inches in diameter. The nipple screws into the base of a cylinder located on the trailer. Such a nipple was on the heavy-duty large dump trailer manufactured by Fruehauf which Ashcraft purchased on September 4, 1975, from Fruehauf's wholly-owned subsidiary, Hobbs Trailers, at Little Rock, Arkansas. On that same day, Ashcraft hooked the trailer (with the nipple installed) to his International tractor and drove away. Although the nipple was vital to the proper functioning of the trailer's dumping mechanism, apparently it was not connected to the towing or braking mechanism of the trailer/tractor vehicle. Within a short time after acquiring the trailer, Ashcraft traded his International tractor for a Kenworth. This necessitated connecting the Kenworth hydraulic system to the Fruehauf trailer, and allowed Ashcraft to continue using the original nipple.

Subsequent to purchasing the tractor on September 4, 1975, Ashcraft was using it on April 14, 1976, to deliver 44,000 pounds of sand to a construction site in Clarksdale, Mississippi, across the street from the plaintiff's church building. At that time Ashcraft had used the trailer some 15,000 miles. During the sand dumping process, the nipple in controversy here ruptured, causing highly pressurized hydraulic oil to spew across the street and into the plaintiff's sanctuary building resulting in $19,777.63 damages.

The plaintiff's (church's) insurer paid for the damages and brought this subrogation action against manufacturer Fruehauf and trailer operator Ashcraft. Ashcraft was exonerated by the jury which had before it the following issues: Was the nipple connector present on the trailer at the time it was delivered to Ashcraft? Was the nipple defective when delivered to Ashcraft?

Fruehauf concedes that the jury heard sufficient (though conflicting) testimony that the nipple connector was on the trailer when Ashcraft purchased it and no longer is that issue present in the lawsuit. Strenuously, Fruehauf argues on appeal that the plaintiff's case was insufficient to go to the jury because of the lack of evidence "of the presence of a defect in the nipple" when it left Fruehauf's hands after manufacture. Fruehauf moved for a directed verdict when the plaintiff rested and chose to present proof after the trial court rejected the motion for a directed verdict. In that posture, we will consider, in accordance with our rule, all of the evidence presented at trial.

Fruehauf primarily relies upon State Stove, supra, to support this proposition. In State Stove at 121, Chief Justice Ethridge, writing for the Court, stated:

[W]hether a product is reasonably safe or not is a flexible standard responsive to the facts of each case. Wade, 19 Sw.L.J. at 17. It is a question of fact whether the particular article involved was reasonably safe when it left the control of the manufacturer.

We found that State Stove Manufacturing Company was not liable for the destruction of the Hodges home where the electric water heater, manufactured by appellant, State Stove, exploded when the thermostats locked in the "on" position. We rejected the chancellor's finding, and ruled that the contractor's failure to install the temperature relief valve according to instructions attached by State Stove was the "intervening, sole proximate cause of the damages... ." State Stove at 123. The mere fact that the thermostats malfunctioned did not prove, we reasoned, that they were defective when manufactured, especially "after the lapse of seven months of use." State Stove at 123.

Fruehauf also cites Baker v. Ford Motor Co., 317 So.2d 51 (Miss. 1975). In Baker, we upheld the directed verdict in favor of the defendant on the ground that the plaintiff failed to show either by direct or circumstantial evidence that the defendant violated *109 some duty owed her. Our opinion by Presiding Justice Rodgers restated the three required elements to be proved in a strict liability torts case:

(1) that the manufactured product left the manufacturer in a defective condition, (2) that the product was in the same condition at the time of the accident as it was when it left the factory, and (3) that the defect in the product was the proximate cause of the injury. Ford Motor Co. v. Matthews, 291 So.2d 169 (Miss. 1974); Coleman v. Ford Motor Company, 240 So.2d 607 (Miss. 1970); States [sic] Stove Manufacturing Co. v. Hodges, 189 So.2d 113 (Miss. 1966).
(317 So.2d at 52).

See also William Cooper and Nephews, Inc. v. Pevey, 317 So.2d 406 (Miss. 1975).

The plaintiff in contradistinction to State Stove, relies upon another line of our cases. In Early-Gary, Inc. v. Walters, 294 So.2d 181 (Miss. 1974) we affirmed the chancellor's award of damages to a customer whose hand was severely injured when he attempted to loosen the cap of new Heinz Ketchup bottle by bumping the inverted bottom of the bottle with the palm of his right hand. The bottle broke off; the wall of the bottle remained intact; and his hand was severely cut upon impact. After hearing testimony establishing the chain of control over the bottle from the time Heinz shipped it to the time it was purchased by Early-Gary, the chancellor determined that the defect existed when the bottle left Heinz. In addition, both the waitress and Mr. Walters testified that the bottle was not obviously defective.

In another bottle case, Falstaff Brewing Corp. v. Williams, 234 So.2d 620 (Miss. 1970), we affirmed the chancellor's award of damages as being supported by substantial evidence. The beer was bottled and shipped from New Orleans to Natchez and delivered in the original cases to Bob's Eats. The bottle was placed in the cooler and exploded without being touched, causing the plaintiff to suffer a severe eye injury when struck by the exploding bottle. Justice Robertson authored Falstaff and quoted from a decision by Justice Traynor in Escola v. Coca-Cola Bottling Co. of Fresno,

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387 So. 2d 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fruehauf-corp-v-trustees-of-first-etc-miss-1980.