Morton v. Homelite, Inc.

183 F.R.D. 657, 1998 U.S. Dist. LEXIS 20656, 1998 WL 937947
CourtDistrict Court, W.D. Missouri
DecidedOctober 28, 1998
DocketNo. 97-0162-CV-W-3
StatusPublished

This text of 183 F.R.D. 657 (Morton v. Homelite, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morton v. Homelite, Inc., 183 F.R.D. 657, 1998 U.S. Dist. LEXIS 20656, 1998 WL 937947 (W.D. Mo. 1998).

Opinion

ORDER

SMITH, District Judge.

Currently pending before the Court is Defendant Textron Inc.’s Motion in Limine regarding Warnings (Doc. 85) and Defendant Textron’s Motion in Limine to Exclude the Testimony of Plaintiffs’ Design 'Expert, James D. Anderson (Doc. 68).

I. MOTION IN LIMINE REGARDING WARNINGS

Defendant Textron alleges that plaintiffs should not be allowed to present any testimony or evidence of an alleged failure to warn because there is no evidence that the lack of a warning caused the accident and also because plaintiff had sufficient knowledge of the product such that a warning would not have altered his behavior.

On a failure to warn claim, plaintiff must establish:

1) the defendant sold the product in the course of his or her business; 2) the product was unreasonably dangerous at the time of sale when used as reasonably anticipated without knowledge of its characteristics; 3) the defendant did not give an adequate warning of the danger; 4) the product was used in a manner reasonably anticipated; and 5) the plaintiff was damaged as a direct result of the product being sold without an adequate warning.

Jaurequi v. John Deere Co., 971 F.Supp. 416, 427 (E.D.Mo.1997), citing, Campbell v. American Crane Corp., 60 F.3d 1329, 1331 (8th Cir.1995). The fifth requirement, causation has two prongs: “ ... 1) the product for which there was no warning must have caused plaintiffs injuries; and 2) the plaintiff must show that a warning would have altered the behavior of those involved in the accident.” Jaurequi at 427, citing, Tune v. Synergy Gas Corp., 883 S.W.2d 10, 14 (Mo. banc 1994). See also, Leonard v. Bunton Co., 925 F.Supp. 637, 644 (E.D.Mo.1996).

Missouri law allows plaintiffs a presumption that a warning will be heeded. Arnold v. Ingersoll-Rand Co., 834 S.W.2d 192 (Mo. banc 1992). This presumption assumes that “a reasonable person will act appropriately if given adequate information.” Id. at 194. However, before the presumption is applied, it must be determined whether adequate information was available to plaintiff. Id. If plaintiff is unable to demonstrate that a warning would have communicated additional information, the presumption does not come into play. Id. The burden of proof regarding the adequacy of knowledge rests with plaintiff. Id.

In the instant case, defendant Tex-tron alleges that the presumption is not triggered because plaintiff has not demonstrated that he was provided with inadequate information or that a warning would have imparted additional information to him. Defendant relies on Mr. Morton’s deposition testimony. Mr. Morton testified as follows:

[659]*659Q. Okay. Now, you didn’t need Mr. Bartel to tell you to screw on the cap of this chop saw, did you?
A. No.
Q. You knew that long before you ever picked up a chop saw?
A. Yes.
Q. If you have a device that has a cap on it, you got to screw the cap on it?
A. Yes.
Q. You knew that was very important to keep the cap on it?
A. Yes.
Q. Why is it important to keep the cap on it?
A. You don’t have an accident like I had.

(Morton Depo., pp. 280-281).

Mr. Morton further testified:

Q. You didn’t need a sign in this particular case telling you to check the gas cap on this chop saw did you?
A. I would like to have been reminded.
Q. But you didn’t need that. You knew all along that you need to have that gas cap on there tight?
A. Yes.
(Morton Depo. pp. 286-87).

■ Plaintiffs argue that the presumption applies because even though Tony Morton was generally aware of the importance of tightening gas caps on saws, he did not know that you needed to check for tightness every time before you used the saw when the cap had not previously been unscrewed and when by observation the cap appeared to be tight.

Plaintiffs claim that at the very least there is a jury question regarding whether Tony Morton already knew of the danger which the warning would have addressed. Duke v. Gulf & Western Mfg. Co., 660 S.W.2d 404, 418 (Mo.App.1983)(adequacy of knowledge is question for jury). Although generally the adequacy of plaintiffs knowledge is a jury question, where a warning would not have conveyed any additional information it is appropriate for the Court to enter judgment. In Campbell v. American Crane Corp., 60 F.3d 1329 (8th Cir.1995), the Eighth Circuit found that the trial court erred in failing to grant judgment as a matter of law on a failure to warn claim where the plaintiff was an experienced crane operator with many years experience who could have been expected to know of the open and obvious danger of falling from the boom of the crane.

In this case, the Court does not feel that plaintiffs have met their burden of demonstrating that a warning would have imparted additional information. Mr. Morton testified that he knew that it was important to have a tight gas cap on the saw in order to prevent injuries like those he suffered. The general knowledge that a chop saw requires a tight gas cap encompasses the more specific knowledge that a gas cap should be checked every time before the saw is used. This is especially true in the instant case where the saw was delivered to Mr. Morton by another individual and where Mr. Morton had not used the saw in several months. Therefore, because plaintiffs have failed to demonstrate that a warning would have communicated any additional information, the presumption does not apply. Without this presumption, the Court finds that plaintiffs have failed to prove causation on their failure to warn claim. Accordingly, defendant’s motion in limine will be granted.

II. MOTION IN LIMINE RE: JAMES ANDERSON

Defendant Textron has filed a motion in limine to exclude the testimony of plaintiffs liability expert, James Anderson. Defendant claims that Mr. Anderson is not qualified under Fed.R.Evid. 702 to testify or offer expert opinions regarding design defect theories because he lacks the requisite qualifications, background and experience regarding the Homelite Model XL-98A multi-purpose saw. Defendants also object to Mr. Anderson because his defect theories are not based upon generally accepted methodology or scientific principles.

Fed.R.Evid. 702 controls the admissibility of expert testimony. The Rule states:

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

Related

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (Supreme Court, 1993)
Arnold v. Ingersoll-Rand Co.
834 S.W.2d 192 (Supreme Court of Missouri, 1992)
Tune v. Synergy Gas Corp.
883 S.W.2d 10 (Supreme Court of Missouri, 1994)
Duke v. Gulf & Western Manufacturing Co.
660 S.W.2d 404 (Missouri Court of Appeals, 1983)
Jaurequi v. John Deere Co.
971 F. Supp. 416 (E.D. Missouri, 1997)
Doblar v. Unverferth Manufacturing Co.
981 F. Supp. 1284 (D. South Dakota, 1997)
Leonard v. Bunton Co.
925 F. Supp. 637 (E.D. Missouri, 1996)
Campbell v. American Crane Corp.
60 F.3d 1329 (Eighth Circuit, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
183 F.R.D. 657, 1998 U.S. Dist. LEXIS 20656, 1998 WL 937947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morton-v-homelite-inc-mowd-1998.