Hudgens v. INTERSTATE BATTERY SYSTEMS, ETC.

393 So. 2d 940, 1981 La. App. LEXIS 3528
CourtLouisiana Court of Appeal
DecidedFebruary 4, 1981
Docket8042
StatusPublished
Cited by13 cases

This text of 393 So. 2d 940 (Hudgens v. INTERSTATE BATTERY SYSTEMS, ETC.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hudgens v. INTERSTATE BATTERY SYSTEMS, ETC., 393 So. 2d 940, 1981 La. App. LEXIS 3528 (La. Ct. App. 1981).

Opinion

393 So.2d 940 (1981)

Jack C. HUDGENS, Plaintiff-Appellant,
v.
INTERSTATE BATTERY SYSTEMS OF AMERICA, INC. et al., Defendants-Appellees.

No. 8042.

Court of Appeal of Louisiana, Third Circuit.

February 4, 1981.

*941 Ward, Steinman & Karst, C. Edward Karst, Alexandria, for plaintiff-appellant.

Terrence C. McRea, of Franklin, Moore & Walsh, Baton Rouge, Downs & Downs, James C. Downs, Alexandria, for defendants-appellees.

Before DOMENGEAUX, STOKER and LABORDE, JJ.

DOMENGEAUX, Judge.

This is a products liability case involving an allegedly defective battery. Plaintiff, Jack C. Hudgens sued Interstate Battery Systems of America, Inc., and Globe Union, Inc., as the manufacturers of an automotive storage battery which allegedly exploded on February 17, 1978, causing eye and facial injuries to plaintiff. Plaintiff also sued Interstate's and Globe Union's insurer, Employers Insurance of Wausau, and Troy H. Barron, d/b/a Barron's Exxon Service Center, the alleged retailer of the battery.

On Friday, February 17, 1978, at about 6 P.M., plaintiff was at his home in Lena, Louisiana, and was preparing to return his employer's truck to his employer's place of business in Alexandria, Louisiana. His wife was to follow him in her son's car in order to provide plaintiff with a ride home after the truck was returned. The car, however, would not start. Plaintiff raised the car's hood and peered at the engine. It was dark, though, so Mrs. Hudgens offered to get a flashlight from the house. Plaintiff refused this offer and lit a match for light instead. He jiggled the battery cables, thinking they might be loose, but they were not. He then extinguished the flame since the fire had nearly consumed the length of the match. To this point, the above facts are undisputed.

According to plaintiff, who was the only witness,[1] he then lit a second match and was poised directly over the radiator, about two feet from the battery (which was to his left), when a small explosion highlighted by a flash of light occurred, splashing battery acid in his face, causing the eye and facial injuries complained of herein. The facts as plaintiff remembers them, from the time he lit the second match until the explosion occurred, were sharply contested during the trial and will be discussed at length below.

After the incident plaintiff discovered that one of the two battery caps was missing, although he testified he remembered seeing both caps on the battery prior to the explosion.[2] He also discovered that a small hole in a bottom corner of the battery had allowed electrolyte to escape from one cell of the battery. This explained why Mrs. Hudgens could not start the car.

Plaintiff's suit was tried before the district court on February 22, 1980. The court rendered judgment dismissing plaintiff's suit against all defendants. The judgment was signed April 8, 1980. With respect to the three manufacturer defendants the court concluded that plaintiff failed to carry his burden of proof. The court granted a motion for a directed verdict in favor of the remaining defendant, Troy H. Barron, the alleged retailer of the battery, because that defendant "only handled the battery and did nothing."

Plaintiff contends the district court erred (1) in finding that plaintiff failed to carry his burden of proving that the battery was defective, that the product was in normal *942 use at the time of the injury and that the defect caused the injuries; and (2) in finding that the manufacturer took all reasonable and appropriate steps to post a warning that could warn the customary user.

We affirm.

LIABILITY OF THE MANUFACTURER

Before the manufacturer of the battery, Globe Union, Inc., will be held liable, plaintiff must establish (1) that the battery was defective (that is, unreasonably dangerous in normal use), (2) that the battery was in normal use when the explosion occurred, and (3) that the defect caused the injury. Weber v. Fidelity & Casualty Insurance Co., 259 La. 599, 250 So.2d 754 (1971); Dixon v. Gutnecht, 339 So.2d 1285 (La.App. 1st Cir. 1976). Plaintiff's action is defeated because he failed to prove that the battery was defective.

Plaintiff argues in brief that the battery was defective because (1) the walls of the battery were too thin, and (2) the battery contained an insufficient warning label. Before disposing of plaintiff's arguments pertaining to the alleged defects of the battery, we will summarize the evidence contradicting plaintiff's account of the facts.

Plaintiff's version of the facts, from the time he lit the second match until the explosion occurred moments later, was sharply refuted by the defendants' expert witness, Mr. Everett C. Wilson. Mr. Wilson, the Technical Services Manager for Globe Union Company, Inc.,[3] was recognized by the court as an expert in battery handling and installation processes. Mr. Wilson had investigated battery explosions for Globe Union for at least ten years prior to trial. He testified that the explosion could not have occurred under the factual conditions related by plaintiff, because the physical evidence contradicted Mr. Hudgens' version of the facts.

Plaintiff remembered that both the vent caps were attached to the battery and he testified that he did not remove either one. Both his face and the match were at least two feet from the battery when the explosion which splashed battery acid in his face occurred, he said. Plaintiff apparently contends that the explosion blasted the missing cap from the battery, allowing the acid to be sprayed from the battery. Mr. Wilson testified that if an explosion had occurred, one battery cap would not have been blown from the battery. Instead, the entire battery top would have been ripped off and the battery would have been heavily damaged.[4] However, no appreciable damage was done to the battery.

Mr. Wilson acknowledged that batteries produce explosive gases. However, these gases are vented through the flame barrier vent caps on top of the battery and dissipate into a harmless, non-explosive mixture within four inches of the battery top after escaping from the battery. Thus, if Mr. Hudgens' match was at least two feet from the top of the battery as he claims it was, the gases would not have ignited. Yet, even if the gases had somehow been ignited, the flames could not have traveled back into the battery to cause an explosion because the vent caps were securely in place, at least according to Mr. Hudgens. Mr. Wilson explained that the flame barrier vent caps, which were extensively tested prior to being used, were designed to allow harmful gases within the battery to exit from the battery through microscopic holes in the vent caps, but the holes were too small to allow an outside ignition source such as a flame or spark to enter the battery.

*943 Mr. Wilson theorized that Mr. Hudgens, after lighting the second match, pulled off the missing vent cap from the battery and brought his face and match within inches of the battery top to check the fluid level in the three cells beneath the removed battery cap. The match then ignited those gases near the battery which were still combustible. The flame traveled into the battery causing the acid to spew forth from the battery, striking plaintiff in the face and eyes. Mr.

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Bluebook (online)
393 So. 2d 940, 1981 La. App. LEXIS 3528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudgens-v-interstate-battery-systems-etc-lactapp-1981.