Marler v. Rent-It Co.

490 So. 2d 784, 1986 La. App. LEXIS 7278
CourtLouisiana Court of Appeal
DecidedJune 25, 1986
DocketNo. 85-837
StatusPublished
Cited by2 cases

This text of 490 So. 2d 784 (Marler v. Rent-It 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
Marler v. Rent-It Co., 490 So. 2d 784, 1986 La. App. LEXIS 7278 (La. Ct. App. 1986).

Opinion

DOMENGEAUX, Judge.

This appeal presents a set of relationships that involve a plaintiff/employee who was injured while using leased equipment which he alleges was defective. The plaintiff ultimately filed suit against the lessor and the manufacturer of the equipment. The employer intervened in the suit seeking reimbursement for the worker’s compensation benefits paid to its employee.

The case was tried before a jury which returned a verdict in favor of the defendants. The plaintiff and the intervenor (appellants) have appealed their adverse judgment alleging that the trial court erred in declining to give requested jury instructions which would have outlined the legal status and duties of the various parties pertaining to strict liability.

Plaintiff Huey Marler was employed as a maintenance supervisor by the Diocese of Alexandria-Shreveport and worked at the Holy Savior Menard Central High School in Alexandria, Louisiana. On February 4, 1982, Marler was instructed to replace several neon bulbs in the school gymnasium. This duty required the use of a telescoping ladder or elevated work platform.1 Because he was unable to obtain a ladder from his regular supplier, Marler’s supervisor rented a similar piece of equipment from defendant Rent-It Company. Marler alleges that while he was replacing the bulbs the ladder collapsed causing his injuries.

The plaintiff complained at trial that the ladder provided to Holy Savior Menard Central High School by defendant Rent-It Company and manufactured by defendant M.S. Churchman Company was defective. Marler testified that only one cotter key accompanied the ladder, and that the key supplied was not of the requisite size or quality to properly lock the work platform in place at the top of the ladder. Further, the plaintiff showed that neither oral nor written assembly instructions were given [786]*786to Marler, and the printed matter on the side of the ladder was illegible due to time and wear.

The defendants demonstrated, however, that Marler was sufficiently experienced with this type of ladder, that oral assembly instructions were offered and rejected, that Marler failed to request additional or better cotter keys, and that Marler attempted to reinforce the assembly by substituting a nail for the allegedly missing cotter key. Further, defendants produced an expert in mechanical engineering who testified that Mr. Marler’s version of the accident could not have occurred the way he described.

After the parties’ closing arguments, the trial judge charged the jury; however, he refused to include tendered instructions concerning strict liability. Instead, the trial judge instructed the jury as to the basis of Louisiana’s negligence standard, discussing with them La.C.C. Art. 2315, the definition of a reasonably prudent person, and the application of comparative negligence under La.C.C. Art. 2323. The jury returned a verdict which cast Huey Marler solely and 100% responsible for his own injuries.

The transcript provides the trial court’s oral reasons for rejecting the requested instructions on strict liability:

“[J]ust because something was the law, it doesn’t necessary [sic] follow that it’s a proper jury instruction. There may be— uh — with the law, just millions of things. But we have to narrow the jury instructions down to what we consider to be basic principles and guidelines for them to deliberate.”

and later:

“Of course, as I indicated briefly earlier, the reason I didn’t get into the plaintiff’s charge was that — then I’d get into that defect situation. And then I’d have to go through all that, and the jury would wind up totally and irrepable [sic] confused. And there’s no telling what kind of a verdict they’d come up with....”

We find that in his zeal to spare the jury the possibility of confusion, the trial court committed an error of law which deprived the appellants of the protection which the precepts of strict liability afford them.

Article 1792 of the Code of Civil Procedure directs the trial court to instruct the jurors on the law applicable to the case before submitting it to them. While a trial judge is not required to give the precise instructions submitted by the litigants, it is incumbent upon him to give instructions which properly reflect the applicable law, and misleading instructions or those which omit an applicable essential legal principal constitute reversible error. Miller v. Fogleman Truck Lines, Inc., 398 So.2d 634 (La.App. 3rd Cir. 1981), writ denied, 401 So.2d 358 (La.1981).

In the case before us, the plaintiff alleged a defect in the ladder which caused its collapse, leading to the injuries suffered by Marler. Such allegations implicate the liability of the lessor and the manufacturer, both of whom are subject to the standard of strict liability.2 Therefore, the trial court was in error when it instructed the jury concerning a negligence standard and failed to inform them of the law pertaining to strict liability.

“Since the jury verdict was not based upon or guided by an essential and correct legal principal, ... [we can] give no weight to the judgment of the trial court which implemented the jury verdict.” Gonzales v. Xerox Corporation, 320 So.2d 163 (La.1975). Additionally, since we have the entire record before us, we are constrained to review the facts and render our own decision. Gonzales v. Xerox Corporation, supra.

Our examination of the record discloses no basis for the plaintiff’s suit against the ladder’s manufacturer, M.S. Churchman Company. Simply put, the plaintiff failed to present evidence establishing a defect in either design or manufacturing of the ladder. For that reason we hold that defendant M.S. Churchman Company is not liable to the plaintiff or intervenor for injuries occurring because of the plaintiff’s fall.

[787]*787As to defendant Rent-It Company, the plaintiff alleged that the ladder as leased was defective in that it was not accompanied by sufficient instructions for assembly and that it lacked an essential cotter key. At trial the plaintiff testified that no one from the Rent-It Company offered to explain how to set up the ladder. This statement was impeached by the testimony of both the defendants’ general manager and the clerk who actually delivered the equipment to the Holy Savior Menard Central High School. According to the latter, oral instructions for assembly were offered and refused. Additionally, the plaintiff claimed at trial that although he was familiar with the type of equipment in question, previous lessors had assembled this for him. However, on cross examination Mr. Marler was forced to admit that he had raised a platform ladder by himself on several occasions. Further, the plaintiff made much of the fact that a warning label affixed to the side of the ladder had worn off through time and use. The importance of that fact was effectively minimized by the defendants’ expert’s testimony that the warning decal pertained to the use of a connected winch. The plaintiff has never claimed that the winch in any way contributed to his fall. In view of the above recited testimony we find that any lack of instruction for assembly was not a legal cause of the plaintiff's injuries.

Finally we address the plaintiff’s contention that the ladder supplied for his use was defective in that it lacked an essential cotter key.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Evangeline Farmers Co-Op. v. Fontenot
565 So. 2d 1040 (Louisiana Court of Appeal, 1990)
Fuller v. US Aircraft Ins. Group
530 So. 2d 1282 (Louisiana Court of Appeal, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
490 So. 2d 784, 1986 La. App. LEXIS 7278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marler-v-rent-it-co-lactapp-1986.