Joel Douglas Ruminer v. General Motors Corporation, Gmc Truck, a Division of General Motors Corporation

483 F.3d 561, 2007 U.S. App. LEXIS 8953, 2007 WL 1147335
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 19, 2007
Docket06-2192
StatusPublished
Cited by14 cases

This text of 483 F.3d 561 (Joel Douglas Ruminer v. General Motors Corporation, Gmc Truck, a Division of General Motors Corporation) 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
Joel Douglas Ruminer v. General Motors Corporation, Gmc Truck, a Division of General Motors Corporation, 483 F.3d 561, 2007 U.S. App. LEXIS 8953, 2007 WL 1147335 (8th Cir. 2007).

Opinion

JOHN R. GIBSON, Circuit Judge.

Joel Douglas Ruminer appeals the district court’s 1 grant of summary judgment to General Motors Corporation in his product liability suit. Ruminer alleges that injuries he sustained when he struck a tree while driving his 2001 Chevrolet Suburban were a result of defects in the air bag and seat belt and that General Motors is strictly liable for his injuries. On appeal, Rum-iner argues that the district court erred by (1) requiring Ruminer to offer evidence of a specific design or manufacturing defect and (2) granting summary judgment in the face of circumstantial evidence of a design or manufacturing defect where the burden of proof should have rested with General Motors. We affirm the judgment of the district court.

I.

Since this case is before us on summary judgment, we recite the facts in the light most favorable to Ruminer, the non-moving party. See Reimer v. City of Crookston, 326 F.3d 957, 959 (8th Cir.2003). Ruminer was involved in a single vehicle accident on March 28, 2002, when he lost control of his 2001 Chevrolet Suburban on Interstate 40 in Tennessee. After leaving the highway, Rummer’s Suburban traveled approximately 150 feet on a grassy shoulder before passing through a drainage ditch. The Suburban then went through a barbed wire fence, hit an earthen embankment, and traveled 47 feet up the embankment before striking a tree approximately 267 feet after leaving the roadway. The *563 accident resulted in severe injuries to Ruminer. Individuals at the accident scene testified that they found Ruminer wearing his seat belt in the car and that the air bag system had not deployed upon impact.

Ruminer filed suit against General Motors alleging negligence, strict liability, and breach of warranty because of failures associated with both the seat belt and the air bag system. Ruminer presented testimony of a biomechanics expert, Dr. Martha Bidez, who opined that the cause of the seat belt’s failure to restrain Ruminer was either a design or a manufacturing defect. Dr. Bidez based her opinion regarding the presence of a defect on the seat belt’s apparent failure to lock and Rummer’s subsequent injuries. She identified twelve possible failure modes as the cause of the lock-up failure, but she was unable to specify which one of the defects caused the seat belt to fail. Ruminer provided no evidence to support a finding that the air bag system’s failure to deploy resulted from a design or manufacturing defect.

General Motors moved for summary judgment. The district court granted the motion in part with regard to Rummer’s claim that the air bag system was defective. The district court took under advisement the portion of General Motors’ motion that addressed Rummer’s seat belt claim and ordered further submissions by the parties. Following further supplementation of the record, the district court granted summary judgment with regard to Rummer’s remaining claims and granted General Motors’ motion to exclude Dr. Bidez’s expert testimony regarding an alleged defect in the seat belt restraint system. Ruminer moved for reconsideration of the summary judgment orders, which the district court denied. Ruminer appeals the district court’s entry of summary judgment.

II.

We review a grant of summary judgment de novo and will affirm if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Martin v. E-Z Mart Stores, Inc., 464 F.3d 827, 829 (8th Cir.2006). We review the district court’s interpretation of Arkansas law de novo. Id. For the purposes of applying Arkansas law in this diversity jurisdiction case, we are bound by the decisions of the Arkansas Supreme Court. David v. Tanksley, 218 F.3d 928, 930 (8th Cir.2000).

Ruminer argues that the district court erred in concluding that Ruminer needed to demonstrate the specific defect in the Suburban’s occupant protection system in order to prevail on his claim of strict liability. 2 In order to succeed on a strict liability claim against a supplier under Arkansas law, a plaintiff must establish the following:

(a)(1) The supplier is engaged in the business of manufacturing, assembling, selling, leasing, or otherwise distributing the product;
(2) The product was supplied by him or her in a defective condition which rendered it unreasonably, dangerous; and
(3) The defective condition was a proximate cause of the harm to person or to property.

Ark.Code Ann. § 4-86-102. Arkansas law defines “unreasonably dangerous” to mean dangerous “to an extent beyond that which *564 would be contemplated by the ordinary and reasonable buyer, consumer, or user who acquires or uses the product.... ” Ark.Code Ann. § 16-116-102(7)(A). Rum-iner contends that on the basis of these statutes, all that is required of a plaintiff in a strict liability suit is a demonstration that the product failed to perform “as a reasonable consumer would expect.” He asserts that he has no obligation to prove a specific defect in the occupant protection system. In his view, because the Suburban’s occupant protection system failed to prevent injuries, one can infer that the system was unreasonably dangerous and General Motors should be held liable.

Ruminer’s articulation of Arkansas law is incomplete. Ruminer omits the requirement of causation, which places on him the bui-den of proving that the product was unreasonably dangerous because of a design or manufacturing defect for which General Motors is responsible. The Arkansas Supreme Court has explained that for strict liability cases, “[w]hile proof of negligence is no longer necessary, proof of the specific defect is normally required.” Harrell Motors, Inc. v. Flanery, 272 Ark. 105, 612 S.W.2d 727, 729 (1981). Arkansas law also requires plaintiffs to “prove that the product in question was in a defective condition at the time it left the hands of the particular seller.” Campbell Soup Co. v. Gates, 319 Ark. 54, 889 S.W.2d 750, 753 (1994). A product’s failure to perform as expected is not a sufficient condition for holding a manufacturer liable under a theory of strict liability.

In this case, Ruminer offered scant evidence. Dr. Bidez refused to offer an opinion concerning the exact cause of the seat belt’s failure to restrain Ruminer. She also refused to specify what defect may have caused the air bag system’s failure to deploy, and she admitted that the air bag was “not required to fire” at the speed Ruminer was traveling. Ruminer offered no evidence regarding the existence of a specific defect in the occupant protection system. We are thus left to speculate as to whether the occupant protection system was defective at the time it left the control of General Motors. We therefore conclude that the district court did not err in holding that Ruminer failed to submit proof concerning a specific defect.

III.

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483 F.3d 561, 2007 U.S. App. LEXIS 8953, 2007 WL 1147335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joel-douglas-ruminer-v-general-motors-corporation-gmc-truck-a-division-ca8-2007.