Jones v. Employers Mut. Liability Ins. Co.

430 So. 2d 357, 1983 La. App. LEXIS 8404
CourtLouisiana Court of Appeal
DecidedApril 13, 1983
Docket82-765
StatusPublished
Cited by7 cases

This text of 430 So. 2d 357 (Jones v. Employers Mut. Liability Ins. Co.) 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
Jones v. Employers Mut. Liability Ins. Co., 430 So. 2d 357, 1983 La. App. LEXIS 8404 (La. Ct. App. 1983).

Opinion

430 So.2d 357 (1983)

Clarence JONES, Plaintiff-Appellant,
v.
EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY, et al., Defendants-Appellees.

No. 82-765.

Court of Appeal of Louisiana, Third Circuit.

April 13, 1983.

*358 Neblett, Beard & Arcenault, Richard Beard, and Richard Arcenault, Alexandria, for plaintiff-appellant.

Franklin, Moore & Walsh, Michael Caldwell, Baton Rouge, for defendants-appellees.

Before FORET, CUTRER and DOUCET, JJ.

FORET, Judge.

Clarence Jones (plaintiff) brought this product liability action to recover damages for personal injuries, etc., when the battery in one of his automobiles exploded. Named defendants are: Sears, Roebuck & Company (Sears), the vendor of the battery; Globe Union, Inc. (Globe), the manufacturer of the battery[1]; and, Employers Insurance of Wausau (Employers), Globe's and Sears' alleged public liability insurer.[2]

The trial court, after trial on the merits, rendered judgment in favor of defendants, dismissing plaintiff's claim against them.

Plaintiff appeals from that judgment and raises the following issues:

(1) Whether the trial court erred in finding that plaintiff had failed to prove that the battery in question was defective; and,
(2) Whether the trial court erred in basing its decision on circumstantial evidence, rather than direct evidence, as to the cause of the explosion.

FACTS

Plaintiff is the owner of a 1967 Plymouth Belvedere. On the afternoon of June 13, *359 1979, plaintiff was unable to start this vehicle, and had to use his wife's automobile to drive to work. He returned from work at approximately 9:00 P.M. that day, and once again attempted to start the Plymouth. He was unable to do so and proceeded to open the hood, planning to find the cause of the trouble. Shortly thereafter, the automobile's battery exploded, propelling sulfuric acid and bits of plastic into his face. Plaintiff's wife heard the explosion and rushed outside to see what had happened. Upon seeing plaintiff clutching his face with both hands, she led him to their home and immediately began to rinse plaintiff's face with water. He was then taken to the emergency room at the Huey P. Long Charity Hospital in Alexandria.

The emergency room physician sutured the lacerations on plaintiff's face, and he was seen the next morning by an ophthalmologist employed by the Veterans Administration. He was told to report to the U.S. Veterans Administration facility in Alexandria for treatment for his eye injury. Apparently, the acid permanently damaged plaintiff's right eye, leaving him with only peripheral vision in that eye. Plaintiff instituted this action alleging that the battery was defective, and that said defect was a cause of the harm he suffered. In the alternative, plaintiff alleged that defendants were negligent in the engineering, design, and manufacturing of the battery.

ALLEGED "DEFECTIVE" BATTERY

Plaintiff contends that the trial court erred in finding that he had failed to prove that the battery was defective. He argues that the evidence clearly shows that it was defective.[3]

A manufacturer of a product which involves a risk of injury to the user is liable to any person, whether the purchaser or a third person, who, without fault on his part, sustains an injury caused by a defect in the design, composition, or manufacture of the article, if the injury might reasonably have been anticipated. However, the plaintiff claiming injury has the burden of proving that the product was defective, i.e., unreasonably dangerous to normal use, and that the plaintiff's injuries were caused by reason of the defect. See Weber v. Fidelity & Casualty Insurance Company of New York, 259 La. 599, 250 So.2d 754 (La.1971), and authorities cited therein.

If the product is proven defective by reason of its hazard to normal use, the plaintiff need not prove any particular negligence by the maker in its manufacture or processing; for the manufacturer is presumed to know of the vices in the things he makes, whether or not he has actual knowledge of them. See Weber v. Fidelity & Casualty Insurance Co. of New York, supra, and authorities cited therein.

Finally, it is settled in Louisiana that the non-manufacturer seller of a defective product is not responsible for damages in tort absent a showing that he knew or should have known that the product sold was defective. Hudgens v. Interstate Battery Systems of America, Inc., 393 So.2d 940 (La.App. 3 Cir.1981); Reeves v. Great Atlantic & Pacific Tea Company, Inc., 370 So.2d 202 (La.App. 3 Cir.1979), writ denied, 371 So.2d 835 (La.1979), and authorities cited therein.

The parties, prior to trial, stipulated that the battery was manufactured by Globe. Sears admitted that it sold the battery to plaintiff approximately one year before the accident. Plaintiff testified that he had never worked on the battery, nor had any trouble with it, prior to the accident. He stated that although it was approximately 10:00 P.M. when he made his second attempt to start the Plymouth, there was plenty of light for him to see into the engine compartment. The sources of this light were a street light located in the vicinity of the parked vehicle, and a porch light on his home. The parties introduced certain photographs of the accident scene in evidence, which showed the placement of plaintiff's vehicle at the time of the accident. These photographs clearly show that *360 the raised hood on the vehicle would cast a shadow across the engine compartment by blocking light radiating from the street light. Further, plaintiff admitted that, when he went to look into the engine compartment, he placed himself in between the porch light and the engine compartment. Under direct examination, plaintiff denied that he had a flashlight, cigarette lighter, or matches on him at the time of the accident, and stated that the street light and the porch light provided him with sufficient light to see what he was doing. However, under cross-examination, plaintiff was asked:

"Did you ordinarily carry matches with you?"

Plaintiff replied:

"Mmm—no, not, uh, No, I—no. I always has a cigarette lighter of some kind."

Plaintiff's wife testified that plaintiff went outside to work on the vehicle right after returning home from work. She was talking on the telephone at the time, when she heard something that sounded like a gunshot. She ran outside and asked plaintiff what had happened. She then led him back onto the porch and began washing his face with water. She stated that plaintiff had nothing in his hands when she first saw him after the accident. She did not look around to see if there was a match or a cigarette lighter in the area. However, she went to close the hood on the vehicle the next day and stated that she did not see any matches or cigarette lighter.

George Pappas was called as an expert witness by plaintiff. After extensive questioning as to his qualifications, the trial court accepted him as an expert in the fields of chemical engineering and technical investigation. He gave detailed testimony on how an automobile battery works. He stated that two of the by-products of the chemical reaction by which the battery produces electricity are hydrogen and oxygen. He further stated that a mixture of hydrogen and oxygen containing anywhere from 4% to 75% hydrogen will allow the hydrogen to burn, and can be explosive if confined. He examined the battery and performed non-destructive tests on it.

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430 So. 2d 357, 1983 La. App. LEXIS 8404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-employers-mut-liability-ins-co-lactapp-1983.