Jim Bishop Chevrolet-Buick-Pontiac-GMC, Inc. v. Burden

211 So. 3d 794, 2016 WL 2610775, 2016 Ala. LEXIS 58
CourtSupreme Court of Alabama
DecidedMay 6, 2016
Docket1141231
StatusPublished
Cited by1 cases

This text of 211 So. 3d 794 (Jim Bishop Chevrolet-Buick-Pontiac-GMC, Inc. v. Burden) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jim Bishop Chevrolet-Buick-Pontiac-GMC, Inc. v. Burden, 211 So. 3d 794, 2016 WL 2610775, 2016 Ala. LEXIS 58 (Ala. 2016).

Opinion

BOLIN, Justice.

Jim Bishop Chevrolet-Buick-Pontiac-GMC, Inc. (“Jim Bishop”), appeals from a judgment entered on jury verdicts in favor of Michael Andy Burden (“Burden”) and his wife Tina Burden in the amount of $132,500. '

Facts and Procedural History

On July 17, 2012, the Burdens sued General Motors, LLC, Jim Bishop, and Lynn Layton Chevrolet, Inc. (“Lynn Layton”), seeking to recover damages for injuries they allegedly sustained as the result of a fire that occurred in a truck they had purchased from an automobile dealership owned and operated by Jim Bishop (“the Jim Bishop dealership”). The Burdens asserted various claims against various defendants in their complaint, including a products-liability claim under the Alabama Extended Manufacturer’s Liability Doctrine (“the AEMLD”); a claim asserting negligence and wantonness in the design and manufacture of the truck; breach of express and implied warranties; a claim under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.; and a claim alleging that the defendants had negligently and wantonly failed to repair the truck and to warn of the inherent danger in operating the truck. Tina asserted a loss-of-consortium claim.

On August 21, 2012, General Motors filed its answer generally denying the alie-[796]*796gations contained in the complaint and asserting certain affirmative defenses. On October 3, 2012, Lynn Layton filed its answer also generally denying the allegations contained in the complaint and asserting certain affirmative defenses. On November 11, 2012, Jim Bishop filed its answer also generally denying the allegations contained in the complaint and asserting certain affirmative defenses. Jim Bishop further asserted a cross-claim against General Motors pursuant to § 8-20-4(3)(o), Ala.Code 1975, alleging it had refused to indemnify Jim Bishop.

On August 20, 2013, General Motors moved the trial court for a summary judgment as to the AEMLD and negligent and wanton design and manufacture claims asserted against it by the Burdens. General Motors argued that the Burdens had failed to provide information regarding the expert witnesses who would be testifying in support of those claims before the expiration of the trial court’s scheduling deadline for providing that information. See Rule 26, Ala. R. Civ. P. Therefore, General Motors contended, the Burdens’ claims under the AEMLD and their negligent and wanton design and manufacture claim were not sustainable because those claims required the presentation of expert testimony. Both Jim Bishop and Lynn Layton moved the trial court for a summary judgment as to the AEMLD claim and the negligent and wqnton design and manufacture claim, adopting General Motors’ motion for a summary judgment.

On September 9, 2013, the Burdens filed a response to the defendants’ motions for a summary judgment as to the AEMLD and the negligent and wanton design and manufacture claims, stating that they did not “object to deleting the causes of action which require an expert finding of the specific cause and origin of the fire.” On September 11, 2013, the trial court entered an order dismissing both the AEMLD and negligent and wanton design and manufacture claims.

Thereafter, the Burdens entered into pro tanto settlements with General Motors, which agreed to pay them $20,000, and Lynn Layton, which agreed to pay them $32,000, as to the respective claims asserted by the Burdens against those defendants. The settlement with General Motors resolved the breach-of-warranty claims and the Magnuson-Moss claim. The trial court dismissed the Burdens’ claims against both General Motors and Lynn Layton pursuant to joint stipulations of dismissal filed by those parties.

On July 29, 2014, Jim Bishop moved the trial court for a summary judgment on the Burdens’ remaining claims against it, contending, among other things, that it was entitled to a summary judgment on the Burdens’ negligent-failure-to-repair and failure-to-warn claims, arguing that it had not undertaken a duty to repair the vehicle; that expert testimony was necessary to establish the cause of the fire that destroyed the truck; and that the Burdens had previously admitted that expert testimony establishing the cause of the fire is not available. On August 6,2014, the Burdens filed a response in opposition to Jim Bishop’s summary-judgment motion. On September 25, 2014, the trial court entered an order denying Jim Bishop’s summary-judgment motion.

On May 26, 2015, General Motors moved the trial court to sever, pursuant to Rule 21, Ala. R. Civ. P,, Jim Bishop’s cross-claim against it seeking indemnification. On May 27, 2015, the trial court entered an order granting General Motors’ motion to sever Jim Bishop’s cross-claim.

The case proceeded to trial on the Burdens’ claims against Jim Bishop alleging negligent repair and failure to warn of the hazardous condition of the truck and Tina’s loss-of-consortium claim. Jim Bishop [797]*797moved the trial court for a preverdict judgment as a matter of law (“JML”) at the close of the Burdens’ evidence and then again at the close of all the evidence. The trial court denied both motions. The jury returned a verdict in favor of Burden for $100,000 and a verdict in favor of Tina for $32,500. On June 15, 2015, the trial court entered a judgment for $132,500 in favor of the Burdens based on the jury’s verdicts. On July 6, 2015, Jim Bishop moved the trial court for a postverdict JML or, in the alternative, for a new trial. On August 12, 2015, the trial court denied Jim Bishop’s postjudgment motion. Jim Bishop appeals.

The evidence presented at trial indicates the following. On September 11, 2009, Burden purchased a new Chevrolet Silver-ado 1500 pickup truck from Jim Bishop. Before that purchase, Burden had purchased a number of vehicles from Jim Bishop. After purchasing the truck, Burden began noticing a “distinct” smell in the cabin of the truck that would “come and go” when he was driving it. Burden, an experienced electrician employed at a local paper mill, described the smell as a “smoke-ish type burning” odor. He explained that there was never a consistent pattern to the odor and that it would just come and go, lasting in duration anywhere from a few seconds to 10 minutes. Burden stated that he experienced the burning odor approximately 100 times while he had the truck and had on occasion lifted the hood of the truck and inspected the engine compartment himself trying to find the source of the odor.

On January 6, 2010, Burden took the truck to the “quick lube lane” at the Jim Bishop dealership to have the oil in the truck changed.1 Burden testified that he asked the employee who changed his oil if he could see anything under the truck that might be causing the odor. The oil-change technician told Burden that he did not see anything under the truck that could be causing the odor.

Later, on that same date, Burden was traveling to Huntsville in the truck to visit his father when the “service engine light” came on and he again noticed the burning odor. Burden testified that at that time the odor was prominent and smelled like something was “hot” or was “going to burn.” Burden decided to have the truck inspected at a Chevrolet dealership operated by Lynn Layton, which was on the way to Burden’s Huntsville destination. Burden explained to the service-department employee at the Lynn Layton dealership that he smelled something “hot” or something “burning” in the truck.

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Bluebook (online)
211 So. 3d 794, 2016 WL 2610775, 2016 Ala. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jim-bishop-chevrolet-buick-pontiac-gmc-inc-v-burden-ala-2016.