Harris v. Karri-On Campers, Inc.

640 F.2d 65
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 27, 1981
DocketNo. 79-2201
StatusPublished
Cited by12 cases

This text of 640 F.2d 65 (Harris v. Karri-On Campers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Karri-On Campers, Inc., 640 F.2d 65 (7th Cir. 1981).

Opinion

BAUER, Circuit Judge.

Plaintiff-appellant Roy L. Harris was severely burned when his camper exploded due to a gas leak. The jury found for defendant-appellee Karri-On Campers, Inc. Appellants charge that the jury was erroneously instructed on various issues. We reverse and remand for a new trial.

[67]*67I

Roy L. Harris purchased a camper manufactured by Karri-On Campers on July 6, 1975, from Duncan’s Romer Sales to live in while at a job site away from home. The camper had a gas-operated stove, refrigerator, and light, but the propane gas system was not hooked up at the time of purchase. J. C. Duncan, the proprietor, told Harris that ordinarily he would fill the tanks for him, but that he had to leave to take care of a family problem. Tr. 102. Harris mounted the camper to his truck and drove to a service station. The station attendant filled the propane tanks and hooked up the regulator, which governed the amount of gas released to the pipes inside the camper. Tr. 33. Harris testified that he saw the station attendant use a crescent wrench to make adjustments, although he was unclear as to how much he saw of the procedure. Tr. 35, 102, 105, 111-112.

Harris then drove to a mobile trailer park. There, he and a friend read the instructions accompanying the unit and lit the pilot lights in the refrigerator, stove, and gas light. Tr. 40-44. Both men smoked while they were in the unit and the windows were open. Tr. 47, 48. Both men testified at trial that they turned off the gas burners after they lit the pilot lights. Tr. 45. After a brief visit in his friend’s mobile home, Harris returned to his camper and went to sleep. Tr. 47.

The next morning, Harris stepped down from the sleeping bunk and lit his cigarette lighter. Tr. 49. The first spark ignited an explosion which severely burned Harris and destroyed the camper.

Harris was in a coma for almost two weeks. He spent the next three weeks in the burn unit of the West Penn Hospital in Pittsburgh. Tr. 51, 58. He underwent a painful process of daily whirlpools, skin removal, and bandage replacement. Tr. 52, 55, 56. He remained totally covered by bandages for almost four months. Tr. 61.

Harris recuperated at home for the next eleven months. Mrs. Harris continued the treatments prescribed by the hospital. Tr. 58. He was unable to return to his job as a carpenter for a year.

Harris and his wife filed suit in the Northern District of Indiana against KarriOn Campers, Duncan’s Romer Sales, the owner of the service station, and the attendant. All the defendants except KarriOn Campers were dismissed from the case on jurisdictional grounds. The Harrises assert eight errors on appeal. They claim: (1) that the trial judge refused to instruct the jury that comparative fault governed the action; (2) that the court improperly instructed the jury on the definition of a defect; (3) that the court gave insufficient instructions concerning the adequacy of warnings; (4) that there was insufficient evidence to support an instruction on the defense of incurred risk; (5) that there was insufficient evidence to instruct the jury on the defense of misuse; (6) that the court should not have instructed the jury that a manufacturer has no duty to warn of an obvious danger; (7) that the court inadequately instructed the jury on the defendant’s burden of proving defenses; and (8) that the court improperly admitted the plaintiffs’ complaint into evidence without a corrective or limiting instruction.

II

As a preliminary matter, we review appellants’ motion, taken with the appeal, to certify the issues presented here to the West Virginia Supreme Court of Appeals.1 We decline to do so.

[68]*68West Virginia has enacted the Uniform Certification of Questions of Law Act, W.Va.Code §§ 51-1A-1 to 12. The Act permits a federal court to certify controlling questions of law to the Supreme Court of Appeals of West Virginia when “it appears to the certifying court there is no controlling precedent in the decisions of the supreme court of appeals of” West Virginia. W.Va.Code § 51-1A-1. The power to certify a question is discretionary, and the West Virginia court does not feel itself bound to answer certified questions. Abrams v. West Virginia Racing Commission, 263 S.E.2d 103, 105 (W.Va.1980).

In Morningstar v. Black & Decker Manufacturing Co., 253 S.E.2d 666 (W.Va.1979), the Supreme Court of Appeals declared the West Virginia law of products liability. In deciding the issues before us, therefore, we will not be writing on a completely clean slate. Moreover, the request before us is appellants’ first such request. Appellants filed and tried the case in federal court without seeking certification. To certify the questions at this late date would only prolong the life of this litigation at all the parties’ expense. We therefore decline to certify the questions to the West Virginia Supreme Court of Appeals.

Ill

The Harrises first complain that the trial judge failed to instruct the jury that comparative fault governed the findings of liability in their suit. The doctrine of comparative fault permits the plaintiff to recover from a defendant even though his injury was partly the result of his own fault. The doctrine first developed as an alternative to contributory negligence, which completely bars the plaintiff’s recovery in a negligence action if he or she is in any way negligent. Applied in a strict liability case, the doctrine injects the concept of fault into an otherwise “strict” doctrine. See Daly v. General Motors Corp., 20 Cal.3d 725, 144 Cal.Rptr. 380, 575 P.2d 1162, 1166-69 (Cal.1978).

The West Virginia Supreme Court of Appeals has not decided whether comparative fault applies in strict liability cases. We must therefore decide “what rule the [West Virginia] Supreme Court would adopt in such a case and apply it.” Huff v. White Motor Corp., 565 F.2d 104, 106 (7th Cir. 1977), vacated and remanded on other grounds, 609 F.2d 286 (7th Cir. 1979). Our decision must not be based on our own views of what the law should be; rather, we must analyze West Virginia decisions to see the approach taken by its courts. We must consider all the data which the West Virginia court would consider. Huff v. White Motor Corp., 565 F.2d at 106.

The West Virginia Supreme Court of Appeals has said that although it is not a leader, it has not “languished in the rear” of the products liability movement. Morningstar, 253 S.E.2d at 680. In Morningstar, the West Virginia court adopted strict liability in tort for defective products. In so doing, the court analyzed Section 402A of the Restatement (Second) of Torts (1965) and the standards of strict liability enunciated in various states. Although using the laws of all the states for reference, the court viewed the chief conflict as between the California rule in Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57, 27 Cal.Rptr.

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Roy L. Harris v. Karri-On Campers, Inc.
640 F.2d 65 (Seventh Circuit, 1981)

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640 F.2d 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-karri-on-campers-inc-ca7-1981.