Lakeview Country Club, Inc. v. Superior Products

926 S.W.2d 428, 325 Ark. 218, 32 U.C.C. Rep. Serv. 2d (West) 1107, 1996 Ark. LEXIS 383
CourtSupreme Court of Arkansas
DecidedJuly 1, 1996
Docket95-170
StatusPublished
Cited by14 cases

This text of 926 S.W.2d 428 (Lakeview Country Club, Inc. v. Superior Products) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lakeview Country Club, Inc. v. Superior Products, 926 S.W.2d 428, 325 Ark. 218, 32 U.C.C. Rep. Serv. 2d (West) 1107, 1996 Ark. LEXIS 383 (Ark. 1996).

Opinion

Donald L. Corbin, Justice.

Appellants, Don Parker and Lake-view Country Club, Incorporated, appeal a judgment of the Pulaski County Circuit Court dismissing with prejudice their claims against separate appellees, Superior Products, Innovative Coating Products, and Don Muse, arising from the application of a coating product to appellants’ swimming pool. Appellants raise two points for reversal of the judgment. The court of appeals certified this case to us as one involving a question about the law of torts. Ark. Sup. Ct. R. l-2(a)(16), and (d)(1). We find no merit to the appeal and affirm.

The judgment from which appellants appeal states that after appellants had rested their case as plaintiffs, the trial court granted motions for directed verdicts to separate appellees, Superior Products, the alleged manufacturer of the coating product at issue, and Innovative Coating Products, the alleged supplier of the coating product. The judgment also states that appellants’ cause of action against appellee Don Muse was then submitted to the jury, which returned a verdict for Muse.

Appellants’ entire case at trial consisted of only two witnesses: Appellant Don Parker, lessee-owner and manager of appellant Lakeview Country Club, and Stephen G. Littleton, a member of Lakeview Country Club who repaired the pump on the swimming pool. After the trial court granted the directed verdicts, appellee Muse did not present any evidence. Thus, Parker and Litdeton were the only witnesses in this case. We relate their testimonies in detail to illustrate the total failure of proof in this case.

Appellant Parker testified to the following. He leased appellant Lakeview Country Club in July 1991 and later became the current owner of the club. His intention to repair the swimming pool became known to appellee Muse. Appellee Muse was a country club member who told Parker that he “had the best product in the world” to coat the pool with, that the product had been used on space shuttles, and that the product could be used on the deck around the pool because it would not get hot from the sun. Appellee Muse supplied the coating product to appellants. Appellants paid appellee Muse $4,603.75 for the product, and appellee Muse supervised other members of the club who applied the coating.

According to appellant Parker, the following facts occurred after the coating was applied. The pool sat empty for two or three weeks, then the coating began to crack and peel. Appellee Muse went to Kansas City to obtain additional product and applied it to the pool. After the pool was filled with water, the coating again cracked and peeled. Some of the persons who swam in the pool cut their feet on the broken patches. Use of the pool by members declined. Appellant Parker talked with J.E. Pritchett of Superior Products in Kansas. Pritchett sent some people to examine and test the chips. Pritchett then told appellant Parker that the reason the coating chipped was because the pool had previously been coated with a latex base and his product would not stick to a latex base. There was no warning or instruction on the label of the container concerning the fact that the product would not adhere to a latex base. Likewise, there were no instructions provided by appellee Muse stating not to apply the product over latex paint. No one from Superior Products or Innovative Coating Products, including appellee Muse, informed appellants that the coating should not be applied over a latex paint, nor did anyone inquire as to what had been previously applied to the pool. Appellee Mr. Muse portrayed himself as an expert and professional in this field. After the coating chipped, membership dues decreased by $3,000.00 per month.

Mr. Littleton testified that the company he worked for made repairs totaling $308.59 to the pump. He stated that the repairs were needed because pieces of the chipped coating had become lodged in the pump, which prevented the pump from creating a vacuum to pull the water through the filter. Mr. Littleton informed appellants that the problem with the pump would be ongoing as long as there was foreign material in the water coming through the filter system. Mr. Littleton also stated that, as a club member, he did not want his family swimming in the pool because he was concerned about them getting cut.

At the close of appellants’ case, appellee Superior Products moved for directed verdict on the bases that appellants had not proven that the product was defective, that the product was rendered unreasonably unsafe because of a defect, and that any defect was the proximate cause of their injuries. The trial court granted the motion, stating that there was no evidence that appellee Mr. Muse represented appellee Superior Products, that appellee Superior Products was the manufacturer of the coating product, and that the product was defective. In short, the trial court stated, “I see just a complete lack of evidence to support the claim against Superior and I will direct a verdict for Superior[.]” As to the other appellees, Muse and Innovative Coating Products, the trial court stated it would not direct a verdict for appellee Muse. However, because the trial court found that there was no proof of any connection between Muse and Innovative Coating Products, it directed a verdict for appellee Innovative Coating Products. This appeal is from the direction of these two verdicts, the essence of the appeal being that the entire case should have been submitted to the jury.

In reviewing an order granting a motion for directed verdict, we view the evidence most favorably to the party against whom the verdict was directed. Higgins v. General Motors Corp., 287 Ark. 390, 699 S.W.2d 741 (1985). If any substantial evidence exists that tends to establish an issue in favor of that party, it is error for the trial court to direct a verdict and take the case from the jury. Id.

I. SUPERIOR PRODUCTS

Appellants’ first argument for reversal of the judgment is that the trial court erred in directing a verdict for Superior Products on the claims of strict liability, breach of the implied warranty of merchantability, and breach of the duties to instruct and warn. We consider each claim separately.

A. STRICT LIABILITY

Appellants argue their claims for strict liability should have been submitted to the jury because they proved Superior Products was the manufacturer by way of a photograph showing a container of the product bearing a label with the name “Superior Products International II.” This photograph was admitted during appellant Parker’s testimony, wherein he identified the container as the one containing the product used on his pool. The label on the container states in its entirety:

Superior Products International II

Product:

#ME-0508 Light Blue

TOTAL-SEAL

Semi-Gloss Epoxy Coating

*BASE

WARNING!

FLAMMABLE LIQUID!

Contains Ketone, and Aromatic Solvents

Manufactured for Superior Products Inti. II

Salinas, KS Batch #051492

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926 S.W.2d 428, 325 Ark. 218, 32 U.C.C. Rep. Serv. 2d (West) 1107, 1996 Ark. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakeview-country-club-inc-v-superior-products-ark-1996.