Landberg v. Ricoh International

892 F. Supp. 938, 1995 U.S. Dist. LEXIS 10214, 1995 WL 428427
CourtDistrict Court, E.D. Michigan
DecidedJuly 17, 1995
DocketCiv. A. No. 93-74336
StatusPublished
Cited by3 cases

This text of 892 F. Supp. 938 (Landberg v. Ricoh International) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Landberg v. Ricoh International, 892 F. Supp. 938, 1995 U.S. Dist. LEXIS 10214, 1995 WL 428427 (E.D. Mich. 1995).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

This is a products liability action brought by plaintiff Deborah Landberg against defendant Ricoh International because of injuries she suffered while operating a photocopier manufactured by defendant. Before the court is defendant’s motion for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure.1 For the reasons discussed below, the court will grant in part and deny in part defendant’s motion.

I. Background

In August 1991, plaintiff Deborah Land-berg was employed by A.M. Bruning, a division of A.M. International (“Bruning”), as a field service technician. Bruning manufactures and markets all different types of office machines and equipment. As a field service technician, plaintiff installed, repaired, and maintained equipment sold by Bruning to ultimate users.

On August 19, 1991, plaintiff was installing and demonstrating a Bruning Model 9036 photocopier at a customer’s place of business. The copier was manufactured by defendant and was to be distributed and serviced in the United States by Bruning pursuant to a 1987 [940]*940agreement. While demonstrating the 400 pound desktop copier, plaintiff noticed that the copier was tipping and wobbly. After further examining the base of the copier, plaintiff noticed that one of the copier’s legs was completely off the stand and another was not sitting level because it was sitting on the edge of an indent made in the stand for the copier leg. In order to correct the problem, plaintiff placed her hands underneath the copier. When she touched one of the two legs that she had observed, they both came off and the copier collapsed on her left hand. A bystander was able to lift the copier enough so that plaintiff could free her injured hand.

In October 1993, plaintiffs filed a complaint alleging three causes of action. Plaintiff Deborah Landberg is seeking damages based upon negligence and breach of express and implied warranties. In her negligence claim, Deborah Landberg alleges design defect, manufacturing defect, and a failure to warn. Her husband, Stephan Landberg, is seeking damages based upon loss of companionship and consortium. After defendant filed its motion for summary judgment, Deborah Landberg has withdrawn any claim arising from a breach of express warranty that she may have had.

In the instant motion, defendant is seeking summary judgment as to all claims. Defendant contends that it had no duty to warn because plaintiffs employer, Bruning, is a sophisticated user of photocopiers. Furthermore, defendant argues that any duty to warn and any claim based on defective design is foreclosed by the open and obvious danger doctrine. Similarly, any claim for breach of implied warranties would be barred under the same doctrine. Finally, defendant claims that plaintiff has failed to establish a ;prima facie case in support of her manufacturing defect claim.

II. Standard of Review

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would necessarily affect [the] application of appropriate principiéis] of law to the rights and obligations of the parties.” Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (citation omitted) (quoting Black’s Law Dictionary 881 (6th ed. 1979)). The court must view the evidence in a light most favorable to the nonmovant as well as draw all reasonable inferences in the nonmovant’s favor. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984).

The movant bears the burden of demonstrating the absence of all genuine issues of material fact. See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). The initial burden on the movant is not as formidable as some decisions have indicated. The moving party need not produce evidence showing the absence of a genuine issue of material fact. Rather, “the burden on the moving party may be discharged by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). Once the moving party discharges that burden, the burden shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed.R.Civ.P. 56(e); Gregg, 801 F.2d at 861.

To create a genuine issue of material fact, however, the nonmovant must do more than present some evidence on a disputed issue. As the United States Supreme Court stated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986),

There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the [nonmovant’s] evidence is merely colorable, or is not significantly [941]*941probative, summary judgment may be granted.

(Citations omitted). See Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2652-63; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). The standard for summary judgment mirrors the standard for a directed verdict under Fed.R.Civ.P. 50(a). Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. Consequently, a nonmovant must do more than raise some doubt as to the existence of a fact; the nonmovant must produce evidence that would be sufficient to require submission to the jury of the dispute over the fact. Lucas v. Leaseway Multi Transp. Serv., Inc., 738 F.Supp. 214, 217 (E.D.Mich.1990), aff'd,

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Bluebook (online)
892 F. Supp. 938, 1995 U.S. Dist. LEXIS 10214, 1995 WL 428427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landberg-v-ricoh-international-mied-1995.