Mueller Co. v. Trambeam Corp.

693 So. 2d 1380, 1997 Ala. Civ. App. LEXIS 226, 1997 WL 127231
CourtCourt of Civil Appeals of Alabama
DecidedMarch 21, 1997
Docket2951459
StatusPublished
Cited by4 cases

This text of 693 So. 2d 1380 (Mueller Co. v. Trambeam Corp.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mueller Co. v. Trambeam Corp., 693 So. 2d 1380, 1997 Ala. Civ. App. LEXIS 226, 1997 WL 127231 (Ala. Ct. App. 1997).

Opinion

MONROE, Judge.

This appeal follows entry of a judgment based on the directed verdicts entered in favor of the defendants, Trambeam Corporation, Burnett Equipment, Inc., and Hoist Services Industries (HSI).

Mueller Company operates a foundry where it produces fire hydrants. On July 20, 1992, hanger bolts supporting one of Mueller’s overhead cranes fractured, causing the crane to collapse. The fall damaged the production facility and caused a loss of production until the damage was repaired. Industrial Risk Insurers, Mueller’s insurer, paid Mueller $810,000 for the damage and seeks subrogation for that amount.

Mueller and Industrial Risk (hereinafter together referred to as Mueller) sued Tram-beam, Burnett, Whiting Corporation, Republic Engineered Steel Company, and LTV Steels, Inc. under the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD), alleging that the defendants had been negligent in the manufacture, design, distribution, selling and/or installation of the hanger bolts. Mueller sued HSI, seeking damages for breach of contract, fraud, and negligence related to maintenance work that HSI had performed on the crane system before the collapse.

Upon the motions of Whiting, Republic, and LTV Steel, the trial court entered summary judgments in their favor. Mueller has not appealed those summary judgments. The case proceeded to trial on the claims against the remaining defendants. At the close of the plaintiffs’ case, Trambeam, Burnett, and HSI moved for a directed verdict.1 The trial court granted HSI’s motion and denied Trambeam and Burnett’s motion. At the close of all the evidence, Trambeam and Burnett renewed their motion for a directed verdict. The trial court granted the motion. Mueller appealed to the Supreme Court, which deflected the case to this court pursuant to § 12-2-7(6), Ala.Code 1975.

The standard of review applicable to a directed verdict requires us to determine whether the nonmovant presented sufficient evidence to allow submission of the case to the jury for a factual resolution. Key v. Maytag Corp., 671 So.2d 96 (Ala.Civ.App.1995). A directed verdict is proper when the nonmovant has failed to present substantial evidence of one or more elements of his claim. Bell v. Sugarwood Homes, Inc., 619 So.2d 1298 (Ala.1993). Substantial evidence is “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). When reviewing a motion for a directed verdict, this court must view the evidence in a light most favorable to the nonmovant. Carter v. Henderson, 598 So.2d 1350 (Ala.1992).

Mueller argues that it produced substantial evidence in support of each element of its claims and thus that the claims should have been submitted to the jury. Mueller contends that the trial court improperly determined that its claim against Burnett' and Trambeam was barred by the applicable statute of limitations, and, that, therefore, the trial court improperly directed a verdict in their favor. The trial court did not state the basis for its directed verdict.

A claim governed by the statute of limitations found in § 6-2-38, Ala.Code 1975, accrues when the plaintiff is entitled to maintain the action; i.e., “at the time of the first legal injury, regardless of whether the full amount of damages is apparent.” Long v. Jefferson County, 623 So.2d 1130, 1137 (Ala.1993). See also, Rumford v. Valley Pest Control, Inc., 629 So.2d 623 (Ala.1993).

Burnett and Trambeam contend that Mueller’s AEMLD claim accrued in 1985 or 1986 when bolts fractured at the same location where they had broken in 1992; therefore, they argue, the two-year limitations period expired in 1987 or 1988. We reject that argument because the evidence shows that the bolts that broke in 1985 or 1986 were replaced by Trambeam bolts supplied by Burnett. The new bolts broke in 1992 and caused the crane to collapse. Thus, the AEMLD claim as to the replacement bolts [1383]*1383accrued in 1992, and this action, filed in July 1993, was timely. Therefore, a directed verdict based on the statute of limitations would have been improper.

Burnett and Trambeam also argue that, even if the action was filed within the limitations period, the directed verdict was still proper because, it argues, Mueller failed to produce substantial evidence in support of its AEMLD claim. To prove a claim under AEMLD, a plaintiff must prove:

“[H]e suffered injury or damages to himself or his property by one who sold a product in a defective condition unreasonably dangerous to the plaintiff as the ultimate user or consumer, if
“(a) the seller was engaged in the business of selling such a product, and
“(b) it was expected to, and did, reach the user or consumer without substantial change in the condition in which it was sold.”

Key v. Maytag Corp., 671 So.2d 96 (Ala.Civ.App.1995) (quoting Atkins v. American Motors Corp., 335 So.2d 134 (Ala.1976)).

This legal standard has been interpreted to mean that a defendant will be liable if it manufactures, designs, or sells an unreasonably dangerous product that reaches the consumer substantially unaltered, and which, when put to its intended use, caused injury. Beam v. Tramco, Inc., 655 So.2d 979 (Ala.1995). “Under the AEMLD, therefore, a defective product is one that is unreasonably dangerous, i.e., one that is not fit for its intended purpose or that does not meet the reasonable expectations of the ordinary consumer.” Id. at 981 (citations omitted). The plaintiff has the burden of proving that the product was defective and/or unreasonably dangerous when it left the hands of the seller. Jordan v. General Motors Corp., 581 So.2d 835 (Ala.1991).

The evidence relevant to this issue is as follows: Trambeam manufactured the cranes used at Mueller’s facility; Burnett, a distributor of Trambeam equipment, sold the cranes to Mueller. The crane system consists of a 3.5-ton crane and a 5-ton crane. The 5-ton crane was purchased after the 3.5-ton crane, and was attached to the same support system, which consisted of hangers connected by bolts to a track or runway. At that time, two spacers were purchased to place between the cranes to allow both cranes to operate without overloading the runways. The cranes went into operation in 1976. During the foundry’s operation, hanger rods broke periodically. Allen Walker, a general foreman at Mueller, testified that in 1985 or 1986, two hanger rods broke at the same point where the fracture occurred in 1992. Those rods were replaced with rods produced by Trambeam and sold by Burnett. At the time of the collapse, only the 3.5-ton crane was being used in production, or cyclical loading. The 5-ton crane was being used as a maintenance crane and was not operated during production.

The basis of Mueller’s claim against Burnett and Trambeam is that the 3/4-inch hanger rods that Burnett supplied to support the cranes were undersized for the function for which they were intended. Mueller contends that Burnett knew that both cranes were being operated on the same support system and that 1 1/8-inch rods should have been used to provide adequate support for both cranes. It is undisputed that Burnett decided what size bolts should be used.

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Bluebook (online)
693 So. 2d 1380, 1997 Ala. Civ. App. LEXIS 226, 1997 WL 127231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mueller-co-v-trambeam-corp-alacivapp-1997.