Jensen v. American Suzuki Motor Corp.

35 P.3d 776, 136 Idaho 460, 2001 Ida. LEXIS 138
CourtIdaho Supreme Court
DecidedOctober 29, 2001
Docket25912
StatusPublished
Cited by7 cases

This text of 35 P.3d 776 (Jensen v. American Suzuki Motor Corp.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jensen v. American Suzuki Motor Corp., 35 P.3d 776, 136 Idaho 460, 2001 Ida. LEXIS 138 (Idaho 2001).

Opinions

KIDWELL, Justice.

Appellants Ron Jensen and Kurt Young appeal the district court’s grant of summary judgment dismissing their product liability and crashworthiness claims.

I.

FACTS AND PROCEDURAL HISTORY

The following facts have been adapted from the memorandum decision and order issued by the district court on August 19, 1999.

This lawsuit stems from an accident that occurred on May 31,1996. On that day, plaintiffs Jensen and Young were traveling the speed limit, 75 miles per horn', approximately five miles east of American Falls, Idaho, on Interstate 86. The driver, Young, lost control of the 1992 Suzuki Swift he was driving when he and Jensen attempted to transfer a dog from the back seat of the vehicle to the front passenger seat of the vehicle. The plaintiffs attempted to do this in order to warm the dog by moving him closer to the heater. In the process of moving the dog, Young was briefly distracted, left the roadway, over-corrected the vehicle, and ultimately rolled the vehicle approximately three times.

During the course of the accident, Jensen was ejected from the vehicle through the sunroof and ultimately landed on his feet in the middle of the road. Jensen suffered a large abrasion to his right shoulder and a three-centimeter laceration to his nose and head.

Young, who remained in the driver’s seat, suffered an open fracture dislocation of his left little finger, lacerations on three fingers of his left hand, forearm and upper arm, a deep abrasion with extensive road rash on his left upper back, and a laceration on the back of his head.

The facts are undisputed that the accident occurred as a result of Young’s negligence and that Young received a citation for inattentive driving. Both Jensen and Young claim to have been wearing their seat belts at the time of the accident. This case is premised upon Jensen and Young’s claim that their personal injuries were a result of a product defect in the 1992 Suzuki’s seat belts.

The vehicle was totaled as a result of the accident. It was towed to Denny’s Wrecker Service where Corporal Shawn Klitch, an Idaho State Police Officer, inspected the seat belts. Corporal Klitch found no defects with the seat belts. The car was subsequently sold as scrap to a dealer in Boise, Idaho, and was eventually destroyed. At no time were the seat belts in the vehicle inspected by anyone with an interest in the litigation other than Corporal Klitch.

On June 2, 1997, Jensen settled his claims against Young and the owner of the vehicle, Lisa Boyer,1 for $31,761.75 with the owner’s insurance carrier.

The defense moved for summary judgment on July 6, 1999, and argument was heard on this motion on August 9,1999. The plaintiffs primarily relied on the testimony of Young and Jensen in support of their claim that the [462]*462seat belts were defective. Both Young and Jensen stated in their affidavits that they were wearing them seat belts at the time of the accident. Both men stated that it was unlikely there was “grime” in the seat belt fastening mechanism, and that it was highly unlikely that the dog inadvertently unfastened the seat belt.

The plaintiffs also argued that the Geo Metro and the Suzuki Swift were essentially the same vehicle. According to the plaintiffs, since the seat belts in the Geo Metro did not function properly, the seat belts in the Suzuki Swift most likely did not function properly, as well. The affidavit of Linda Brammer was submitted by the plaintiffs to support this allegation. Brammer stated that she purchased a 1991 Geo Metro as a new vehicle and owned the vehicle until 1998. During the time that she owned the vehicle, the driver’s seat belt became unfastened on numerous occasions while she was driving down the road. Prior to selling the car, Brammer received a notice that the vehicle was being recalled due to the defective seat belt latch mechanism.

Plaintiffs also claimed that Lisa Boyer, the owner of the car at the time of the accident, admitted that the seat belts in her car did not function properly. The affidavit of Corporal Klitch was submitted to show that subsequent to the accident, Lisa Boyer told him that the passenger seat belt did not latch all the way.

The defense also presented various affidavits in support of its ease. Perhaps the most significant evidence produced by the defense was the affidavit of Edward Moffatt, a registered professional engineer, who specialized in biomechanics with emphasis on the movement of humans during collisions and the mechanics of trauma due to impact. Moffatt testified that Young’s injuries were consistent with those to be expected in a rollover collision of this severity to a seat-belted occupant sitting adjacent to a window. In spite of the fact that Jensen was ejected from the vehicle, his injuries were also consistent with those to be expected of a seat-belted occupant in a rollover collision of this severity. Moffatt stated that a properly designed and properly functioning seat belt could not be expected to prevent the type of injuries sustained by Jensen and Young in a rollover collision of this severity. Moffatt stated that there was no enhancement to plaintiffs’ injuries and that the seat belts were not a substantial factor in causing or enhancing the injuries of Jensen or Young. Further, Moffatt did not believe that the seat belt system in the Suzuki Swift was defective in design.

Moffatt also claimed that absent the opportunity to examine the seat belts, it would be impossible for him or any other expert to determine whether any condition of the seat belts caused the seat belt to fail to latch or fail to remain latched. Additionally, according to Moffatt, the fact that Jensen was ejected out the sunroof does not establish that his seat belt became unlatched.

The deposition testimony of Lisa Turpin, formerly Lisa Boyer, was also introduced by the defense. Turpin testified that when she owned the car, she recalled that the driver’s seat belt worked properly. This testimony contradicted claims by the plaintiffs that Turpin had acknowledged that the seat belts in her car were defective.

The affidavit of Alexander Butt, a senior engineer in the Legal Office of American Suzuki Corporation, was presented to refute the allegation that the seat belts found in the Geo Metro and the Suzuki Swift were the same. Butt stated that the seat belt buckles used in the front seats of the 1992 Suzuki Swift were different than those that were subject to the recall in some 1991 Geo Metro vehicles.

The district court granted the defendants’ motion for summary judgment on August 23, 1999. The district court found that the record was void of any evidence that would establish a product liability claim. The court noted that the plaintiffs admitted that the accident was caused by Young’s negligent and inattentive driving and that the plaintiffs failed to produce any expert testimony to suggest that either plaintiff was injured by a defective or unsafe seat belt and/or that the defect existed when it left the control of the manufacturer. The district court observed that just because the seat belt became unfastened, it did not establish that the seat belt [463]*463was defective. Additionally, it was not common sense or general knowledge that a defective seat belt would be a “substantial factor” in causing the injuries experienced by the plaintiffs. The district court found that the plaintiffs had not established that the injuries would not have occurred had the seat belt functioned properly.

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Jensen v. American Suzuki Motor Corp.
35 P.3d 776 (Idaho Supreme Court, 2001)

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Bluebook (online)
35 P.3d 776, 136 Idaho 460, 2001 Ida. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jensen-v-american-suzuki-motor-corp-idaho-2001.