Kyle v. Dana Transport, Inc.

649 S.E.2d 287, 220 W. Va. 714
CourtWest Virginia Supreme Court
DecidedJune 12, 2007
Docket33183
StatusPublished
Cited by15 cases

This text of 649 S.E.2d 287 (Kyle v. Dana Transport, Inc.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kyle v. Dana Transport, Inc., 649 S.E.2d 287, 220 W. Va. 714 (W. Va. 2007).

Opinions

ALBRIGHT, Justice:

David R. Kyle appeals from the January 6, 2006, adverse summary judgment ruling entered by the Circuit Court of Putnam County as a result of Appellant’s request that he be permitted to proceed under the doctrine of res ipsa loquitur in connection with his personal injury case. Upon our review of all pertinent submitted materials and applicable law, we conclude that the circuit court did not commit error in ruling that Appellant had failed to make the requisite demonstrations necessary to permit application of res ipsa loquitur. Accordingly, the decision of the circuit court is affirmed.

[717]*717I.Factual and Procedural Background

As set forth in the January 6, 2006, order of the circuit court, the parties stipulated to the following facts taken in a light most favorable to the Plaintiff/Appellant:

1. On February 3, 2000, Plaintiff, David R. Kyle, a master electrician, had been dispatched by his employer, A1 Marino, Inc., to examine and repair a problem in the maintenance building owned by Defendant, Dana Transport, Inc., in Nitro, West Virginia.
2. This maintenance building was on property owned by Defendant, Dana Transport, Inc., and the electrical panel examined by Plaintiff was inside the maintenance building.
3. Plaintiff was told that Defendant, Dana Transport, Inc., was having a circuit breaker problem. Prior to the 3rd day of February, 2000, Plaintiff had not performed any prior work on this electrical panel in the maintenance building.
4. When the Plaintiff examined the panel, he saw that the cover on the electrical panel had been removed.
5. Plaintiff noticed the screw was loose on one of the mounting fingers of the breaker and tightened it up.
6. The Plaintiff does not know what happened, but stated the electrical panel blew up.
7. As a result of this explosion, the Plaintiff suffered various injuries.
8. The Plaintiff was been unable to determine a cause for this accident.

Prior to the trial of this matter, Appellant requested that his case be allowed to proceed under a res ipsa loquitur theory. In February 2003, both parties submitted briefs on this issue which included a stipulation of the above-delineated facts. The matter was not ruled upon by the trial court until the entry of the January 6, 2006, order. In that order, the circuit court decided that Appellant had failed to prove that the event causing Appellant’s injuries was of a kind that would ordinarily not occur in the absence of negligence. Additionally, the trial court ruled that Appellant had failed to show that other responsible causes, including his own conduct and that of third parties, were sufficiently eliminated as potential causes of the incident. Through its January 6, 2006, order, the trial court granted summary judgment to Appellees Dana Transport, Inc., and Ronnie Dodrill. Appellant seeks relief from this adverse ruling.

II.Standard of Review

The principles under which we review a summary judgment ruling are well-established. “A circuit court’s entry of summary judgment is reviewed de novo." Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994). Of additional import to our review is this Court’s recognition in syllabus point four of Painter that “[sjummary judgment is appropriate where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, such as where the nonmoving party has failed to make a sufficient showing on an essential element of the case that it has the burden to prove.” Id. at 190, 451 S.E.2d at 756, syl. pt. 4.

III.Discussion

Appellant argues that the trial court incorrectly concluded that he was not entitled to present his case to a jury under a theory of res ipsa loquitur. This evidentiary doctrine operates as an exception to the general rule that negligence cannot be presumed. See Foster v. City of Keyser, 202 W.Va. 1, 14, 501 S.E.2d 165, 178 (1997) (quoting 16 Am. & Eng. Enc. Law, p. 448). The question of its application arises in those circumstances where mere occurrences of certain events in and of themselves suggest negligence, barring another plausible explanation. Id. at 15, 501 S.E.2d at 179.

After reviewing the development of the doctrine of res ipsa loquitur in Foster, we proceeded to adopt the principles recognized in the Restatement of Torts (Second) as a predicate to its application:

Pursuant to the evidentiary rule of res ipsa loquitur, it may be inferred that harm suffered by the plaintiff is caused by negligence of the defendant when (a) the event is of a kind which ordinarily does not occur in the absence of negligence; (b) other responsible causes, including the conduct [718]*718of the plaintiff and third persons, are sufficiently eliminated by the evidence; and (c) the indicated negligence is within the scope of the defendant’s duty to the plaintiff.

Foster, 202 W.Va. at 4, 501 S.E.2d at 168, syl. pt. 4.

In ruling on this matter, the trial court concluded that Appellant had failed to satisfy the first two prongs of the test set forth in Foster. Specifically, the trial court ruled that Appellant had not shown “that the accident was of a kind that ordinarily would not have occurred in the absence of the Defendants’ negligence.” Additionally, the circuit court ruled that Appellant “has not presented evidence that other responsible causes, including the conduct of Plaintiff [Appellant], was sufficiently eliminated by the evidence.”

Appellant contends that his inability to identify an act of negligence committed by Appellees which might have caused the underlying explosion is inconsequential. He maintains that the doctrine of res ipsa loqui-tur was adopted as an evidentiary aid for plaintiffs in situations similar to his. Stressing that the objective of this evidentiary doctrine is to allow a litigant to recover without direct proof of negligence, Appellant argues that he has no duty to prove what specific negligent act or omission resulted in his injuries.

In response to these contentions, Appellees observe that while Appellant is not required to prove the specific instance of negligence which caused the accident that resulted in harm to him, he does have a duty to present circumstantial evidence of Appellees’ negligence. As this Court explained in Beatty v. Ford Motor Co., 212 W.Va. 471, 574 S.E.2d 803 (2002), “[i]t is ... ‘clearly an incorrect statement of the law’ to say that res ipsa loquitur ‘dispense[s] with the requirement that negligence must be proved by him who alleges it.’” Id. at 476, 574 S.E.2d at 808 (quoting Peneschi v. Nat’l Steel Corp., 170 W.Va. 511, 520, 295 S.E.2d 1, 10 (1982)).

We specifically addressed the level of proof that a plaintiff who is relying on res ipsa loquittor principles must establish in Beatty.

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649 S.E.2d 287, 220 W. Va. 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kyle-v-dana-transport-inc-wva-2007.