James Coterel v. Dorel Juvenile Group, Inc.

827 F.3d 804, 2016 U.S. App. LEXIS 12363, 2016 WL 3606620
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 5, 2016
Docket15-2353
StatusPublished
Cited by9 cases

This text of 827 F.3d 804 (James Coterel v. Dorel Juvenile Group, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Coterel v. Dorel Juvenile Group, Inc., 827 F.3d 804, 2016 U.S. App. LEXIS 12363, 2016 WL 3606620 (8th Cir. 2016).

Opinion

RILEY, Chief Judge.

James Coterel and Crystal Naylor’s (appellants) twenty-three-month-old son, Jacob Coterel, tragically drowned in a pond after climbing out of his crib and leaving their home in the middle of the night. The appellants sued Dorel Juvenüe Group, Inc. (Dorel) for wrongful death under Missouri law, alleging product liability and negligence arising from a doorknob cover Dorel designed and manufactured and the appellants used. See Mo. Rev. Stat. § 537.080 (wrongful death). After a six-day trial, a jury unanimously found Dorel was not liable for Jacob’s death. The appellants moved for a new trial, see Fed. R. Civ. P. 59(a)(1)(A), which the district court 1 denied. The appellants appeal, and we affirm. 2

1. BACKGROUND

In the fall of 2008, the appellants received a doorknob cover, designed and manufactured by Dorel, as a gift at a baby shower for Jacob. As Jacob got older, the appellants began to use the doorknob cover on the front door of their home to stop *806 Jacob from opening the door. 3 Months later and a week or two before the accident, the appellants also installed a chain lock on the front door when Jacob began to get out of his crib on his own.

On the night of November 28, 2010, Naylor took Jacob to the emergency room with a fever. By the time they returned home around midnight, Coterel and Skylin, the appellants’ daughter, had already gone to bed. Naylor put Jacob to bed in his crib and spoke with her brother, who was visiting, before going to bed herself. Naylor testified she locked the tab lock on the doorknob when she went to bed, but forgot to latch the new chain lock.

At approximately 6:00 a.m. the next morning, Coterel awoke to find the front door open and Jacob missing. After a frantic search, he found Jacob floating face down in a pond fifty yards away. Efforts to revive Jacob proved unsuccessful, and he died at the hospital a few hours later. The appellants testified that when they returned home, they discovered the doorknob cover on the floor in two pieces.

The Missouri Department of Social Services assigned Deborah Adair to investigate Jacob’s death. On November 30, 2010, Adair interviewed Coterel and Naylor about the accident. Adair noted in her written investigation report that Coterel told her Jacob had learned how to defeat the doorknob cover, which prompted the appellants to install the chain lock to keep Jacob in the home. At trial, Coterel denied making that statement, testifying Adair may have “misinterpreted” him. Investigators concluded Jacob’s death was a tragic accident.

On October 16, 2013, the appellants sued Dorel for wrongful death based on theories of product liability and negligence. Dorel answered, asserting, among others, affirmative defenses of comparative fault and sole cause. 4 On February 3, 2015, about a month before trial, Dorel moved the district court pursuant to Federal Rule of Civil Procedure 8(c)(2). to treat its comparative-fault defense as a counterclaim for contribution. The district court denied the motion, indicating by text entry that the time to bring a counterclaim under the scheduling order had expired.

Relying on that ruling and Teeter v. Missouri Highway & Transportation Commission, 891 S.W.2d 817, 819 (Mo. 1995) (en banc), in which the Missouri Supreme Court decided a defendant could not invoke comparative-fault principles, to reduce its liability “on account of the fault of one of several beneficiaries of a wrongful death action,” the appellants moved in limine to exclude any reference or argument relating to any comparative fault of the appellants. The district court granted the motion.

Before trial, the parties disputed whether evidence of the appellants’ failure to secure the chain lock and appellants’ prior knowledge of Jacob’s ability to defeat the doorknob cover was nonetheless relevant to Dorel’s defense. In support of exclusion, the appellants argued their actions were, at most, contributing causes Dorel could not raise — not sole cause. The appellants further argued admitting such evidence would be prejudicial because the verdict form did not provide a mechanism for the *807 jury to apportion fault. Dorel maintained the evidence was relevant to its sole-cause defense and central to its ability to controvert the appellants’ 'product-liability and negligence claims.

The district court ruled the evidence admissible and consistently overruled the appellants’ relevance objections at trial. The district court also overruled the appellants’ hearsay objection to Adair’s testimony regarding Coterel’s statement that Jacob knew how to defeat the doorknob cover.

At trial, the appellants urged the jury to find Dorel “directly caused or directly contributed to cause” Jacob’s death. The appellants argued the doorknob cover was defective and unreasonably dangerous under normal use and that Dorel negligently designed and sold the cover despite test results that showed the cover was defective.

Dorel strongly denied responsibility for Jacob’s death. Specifically, Dorel denied the doorknob cover was defective or unreasonably dangerous when used properly and even questioned whether the door was closed that night and whether the cover was on the doorknob at all. Dorel emphasized the packaging for the cover warned it should not be used without adult supervision and use should stop once the child could defeat it. In closing, Dorel argued neither the appellants nor anyone else would think a low-cost doorknob cover was a substitute for a lock and the appellants simply failed to use the chain lock they actually had been relying upon since learning Jacob could defeat the doorknob cover.

On March 10, 2015, the jury unanimously found Dorel was not liable for Jacob’s death and rendered a general verdict in Dorel’s favor. The district court entered judgment the next day. On April 7, 2015, the appellants moved for a new trial, arguing Dorel “presented impermissible and improper evidence during the course of the trial which tainted the jury’s verdict.” The district court denied the motion, and the appellants appeal.

II. DISCUSSION

The appellants assert the district court erred in admitting evidence Naylor failed to secure the chain lock the night of Jacob’s death and Coterel knew before that night that Jacob could defeat the doorknob cover. As the appellants see it, those evidentiary errors warrant a new trial because they tainted the jury verdict. See Fed. R. Civ. P. 59(a)(1)(A). We review the district court’s evidentiary rulings and its denial of a new trial for clear and prejudicial abuse of discretion. See Burris v. Gulf Underwriters Ins. Co., 787 F.3d 875

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Bluebook (online)
827 F.3d 804, 2016 U.S. App. LEXIS 12363, 2016 WL 3606620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-coterel-v-dorel-juvenile-group-inc-ca8-2016.