Harrison Ex Rel. Harrison v. Harrison

713 N.W.2d 74, 2006 Minn. App. LEXIS 68, 2006 WL 1229488
CourtCourt of Appeals of Minnesota
DecidedMay 2, 2006
DocketA05-1038
StatusPublished
Cited by2 cases

This text of 713 N.W.2d 74 (Harrison Ex Rel. Harrison v. Harrison) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrison Ex Rel. Harrison v. Harrison, 713 N.W.2d 74, 2006 Minn. App. LEXIS 68, 2006 WL 1229488 (Mich. Ct. App. 2006).

Opinion

OPINION

PETERSON, Judge.

This appeal is from a summary judgment in an action brought by a minor child against his parents alleging negligent maintenance and installation of the child passenger restraint system'that the child was riding in when he was injured in a motor-vehicle collision. Appellants argue that the district court erred in concluding that the exception from Minn.Stat. § 169.685, subd. 4(a) (2004), created by Minn.Stat. § 169.685, subd. 4(b), applies to the minor child’s action against his parents. We affirm.

FACTS

The parties stipulated to the following facts for purposes of their cross-motions for summary judgment.

Three-year-old respondent Ted Harrison, Jr. (Teddy) was a passenger in a motor vehicle driven by his mother, appellant Amy Harrison. Teddy was seated in the right rear seating position, directly behind the front passenger seat, and was secured in a child-safety seat, which is also known as a “child passenger restraint system.” Another vehicle collided with the Harrison vehicle and caused the Harrison vehicle to leave the roadway and roll over several times. The collision caused Teddy to be released from his safety seat, ejected from the vehicle, and injured.

The safety seat that Teddy was in when the collision occurred was manufactured by Century Products Company and was purchased new for Teddy by his parents. The safety seat uses a two-slotted buckle mechanism that is situated in the seat bottom between the child’s legs. The inbound slot had not been used for many months. On the day of the collision, Teddy’s father, appellant Ted Harrison, Sr., had secured Teddy in the safety seat. Harrison customarily put Teddy into the safety seat, pulled the seat’s harness with the attached tongue over Teddy’s head, secured the tongue in the outbound buckle slot until he heard a click, and pulled upward on the harness to ensure that it was securely fastened. This is the procedure that he used just before the collision.

*76 The Minnesota State Patrol investigated the collision and observed that the harness of the safety seat was unlatched at the scene of the collision. The safety seat was strapped into the Harrison vehicle with the vehicle’s seat belt, but it was tipped over to the left, away from the right rear passenger-side window and door and nearly horizontal to the rear seat.

The state patrol experimented with the safety seat during the days following the collision and observed that the harness tongue could be pulled free of the outbound buckle slot even though the buckle mechanism had seemed to “click” into place when the tongue was inserted into the outbound buckle slot. The state patrol ultimately discovered that a coin in the inbound, unused slot of the buckle mechanism caused this false-latch phenomenon. The state patrol noted dirt and debris on the coin and concluded that the coin had been in the buckle mechanism for some time.

Ted Harrison was primarily responsible for maintaining Teddy’s car safety seat. He cleaned out the seat approximately twice per week by removing the seat from the vehicle and wiping it or shaking it out. He knew from the seat’s instruction manual that he needed to keep debris out of the buckle slots. He had last cleaned the seat just a few days before the collision.

Ted Harrison was also primarily responsible for installing the safety seat in the Harrison vehicle. He knew that the vehicle shoulder/lap-belt restraint harness had to be converted from the emergency locking mode to the automatic locking mode, which allowed the vehicle’s seat belt to automatically lock into place as it was fed into the retractor and alleviated the need for a safety locking clip on the vehicle seat belt when it was used with a car safety seat. Harrison typically installed the safety seat by pulling the seat belt all the way out, threading it through the back of the safety seat, and latching it to the vehicle buckle mechanism. The seat belt would then click as it reentered the vehicle seat-belt retractor, indicating that the vehicle seat belt was locked into place. Harrison would lean his body weight onto the car seat to ensure that the vehicle seat belt retracted as far as possible. After the seat belt was locked, Harrison would make sure that everything was tight by attempting to move the child safety seat. He had installed the child passenger restraint system in the vehicle after cleaning it a few days before the accident.

A product-liability claim was asserted on Teddy’s behalf against the Century Products Company, alleging defective design of the child passenger restraint system. The claim was settled. In a separate lawsuit, Teddy sued his parents, alleging negligent maintenance and installation of the child passenger restraint system. Both parties brought motions for summary judgment. For purposes of the cross-motions for summary judgment, the parties agreed that the Harrisons were negligent in the maintenance and installation of Teddy’s car seat.

Appellants argued in the district court that they were entitled to summary judgment as a matter of law because Minn. Stat. § 169.685, subd. 4(a) (2004), prohibits the introduction of proof of the use or failure to use a child passenger restraint system in automobile litigation and, therefore, respondent’s claim was barred. Respondent argued in the district court that he was entitled to summary judgment because the exception from Minn.Stat. § 169.685, subd. 4(a), found at Minn.Stat. § 169.685, subd. 4(b), controls under the stipulated facts. The district court concluded that the exception applies to respondent’s action and granted respondent’s motion for summary judgment and *77 denied appellants’ motion for summary judgment. This appeal followed.

ISSUE

Does the exception from Minn.Stat. § 169.685, subd. 4(a) (2004), created by Minn.Stat. § 169.685, subd. 4(b), apply to respondent’s action against appellants?

ANALYSIS

On appeal from a summary judgment, this court examines the record to determine whether any genuine issues of material fact exist and whether the district court erred in applying the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). Here, the parties have stipulated to the facts, and no genuine issues of material fact exist. The only issue before us is whether the district court erred in interpreting Minn.Stat. § 169.685, subd. 4 (2004), which states:

(a) Except as provided in paragraph (b), proof of the use or failure to use ... a child passenger restraint system as described in subdivision 5, 1 or proof of the installation or failure of installation of ... a child passenger restraint system as described in subdivision 5 shall not be admissible in evidence in any litigation involving personal injuries or property damage resulting from the use or operation of any motor vehicle.
(b) Paragraph (a) does not affect the right of a person to bring an action for damages arising out of an incident that involves a defectively designed, manu-factored, installed, or operating ... child passenger restraint system. Paragraph (a) does not prohibit the introduction of evidence pertaining to the use of a ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harrison Ex Rel. Harrison v. Harrison
733 N.W.2d 451 (Supreme Court of Minnesota, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
713 N.W.2d 74, 2006 Minn. App. LEXIS 68, 2006 WL 1229488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-ex-rel-harrison-v-harrison-minnctapp-2006.