Myles v. Cain's Coffee Co.

756 So. 2d 632, 2000 La. App. LEXIS 766, 2000 WL 348970
CourtLouisiana Court of Appeal
DecidedApril 5, 2000
DocketNo. 33,099-CA
StatusPublished

This text of 756 So. 2d 632 (Myles v. Cain's Coffee 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
Myles v. Cain's Coffee Co., 756 So. 2d 632, 2000 La. App. LEXIS 766, 2000 WL 348970 (La. Ct. App. 2000).

Opinion

| FARAWAY, J.

In this appeal concerning personal injury and products liability, the trial court’s rulings granting summary judgment to the supplier of the coffee carafe which broke and the manufacturer of the carafe are challenged on the plaintiffs claim that genuine issues of material fact exist. Finding that the plaintiff did not present evidence raising a material issue of fact concerning an unreasonably dangerous product, we affirm the trial court’s holdings.

Facts

On July 8, 1995, Stephanie Myles, an employee of Wendy’s restaurant- in West Monroe, picked up a glass coffee pot which had not been sitting on a warmer shelf and filled it with hot water from a water machine to pour into the containers on the Superbar. Phyllis Griggs, the manager of the Wendy’s testified that she thought the coffee pot was fairly new because it still had Cain’s name stenciled on it; however, there was no indication that this carafe had never been previously used for brewing coffee. The carafe broke causing scalding hot water to spill on Myles’ right foot and left leg. Myles suffered third [634]*634degree burns to her right foot which required a skin graft and minor burns to her left leg. Immediately after the accident, employees of Wendy’s disposed of the broken pieces of the coffee pot.

Myles filed suit against Cain’s Coffee Co., Inc. (“Cain’s”) as the vendor or provider of the carafe. Cain’s supplied coffee for the Wendy’s establishment. As part of the coffee service, Cain’s gave Wendy’s glass coffee pots in which to serve the coffee. Myles alleged that the carafe appeared to be manufactured by Cain’s as Cain’s name was stenciled on the label on the coffee pot. Myles contended that the sole legal and proximate cause of the accident and her injuries resulted from a characteristic of the coffee pot which rendered it unreasonably dangerous in construction or composition, unreasonably dangerous in design, or unreasonably dangerous because Cain’s failed to give adequate warnings about these failure ^characteristics. Alternatively, Myles alleged that Cain’s was the proximate cause of the accident through its fault or negligence in failing to properly inspect the carafe, in failing to adequately warn or that Cain’s had the custody or garde of the coffee pot rendering it strictly liable to Myles under La. C.C. art. 2317. The Louisiana Restaurant Association Self Insurance Trust (the “Trust”), which was responsible for Wendy’s worker’s compensation benefits paid to Myles, intervened in this action seeking reimbursement for those benefits.

While at all times denying any liability to Myles, Cain’s filed a third-party demand against the manufacturer of the coffee pot, Bloomfield Industries, Inc. (“Bloomfield”).' The third party demand asserted that if Myles proved the carafe was somehow unreasonably dangerous or defective, and if Cain’s could be held liable under any theory advanced by Myles, then Cain’s was entitled to indemnity or contribution from Bloomfield. Despite being made a third-party defendant, Bloomfield was never made a defendant to Myles’ action in the principal demand.

Both Cain’s and Bloomfield filed motions for summary judgment. Due to differences in the filing dates of the motions, Bloomfield’s motion for summary judgment, as third-party defendant, was heard first and granted against Cain’s, as third-party plaintiff. Shortly thereafter, Cain’s motion was heard and Cain’s motion for summary judgment against Myles on the principal demand was also granted. Cain’s and Myles both appealed the granting of the motions for summary judgment. Cain’s position is that the summary judgment in its favor against Myles was proper and should be affirmed. However, if the summary judgment granted to Cain’s is reversed, Cain’s seeks to have its third-party demand against Bloomfield reinstated and the summary judgment granted to Bloomfield also reversed. Myles and the Trust argue that there were material issues of fact so that summary judgment was inappropriate.

13Summary Judgment Procedure

Summary judgment procedure is designed to secure the just, speedy and inexpensive determination of every action, except those disallowed by law; the procedure is favored and must be construed to accomplish these ends. La. C.C.P. art. 966 A(2); Ebarb v. Guinn Brothers, Inc., 31,426 (La.App.2d Cir.1/20/99), 728 So.2d 487. After adequate discovery or after a case is set for trial, a motion which shows that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law shall be granted. La. C.C.P. art. 966 C(l); Ebarb, supra. The burden of proof remains with the mover. La. C.C.P. art. 966 C(2); Ebarb, supra. Appellate review of summary judgment is de novo, utilizing the same criteria that guide the trial court’s grant of the judgment. Guillory v. Interstate Gas Station, 94-1767 (La.3/30/95), 653 So.2d 1152.

If the moving party points out an absence of factual support for one or more elements essential to the adverse party’s claim, action or defense, the non-moving [635]*635party must produce factual support sufficient to establish he will be able to satisfy his evidentiary burden at trial; failure to do so results in no genuine issue of material fact and the proper granting of summary judgment. Smith v. General Motors Corp., 31,258 (La.App.2d Cir.12/9/98), 722 So.2d 348.

Discussion

The Louisiana Products Liability Act, La. R.S. 9:2800.51, et seq. (“LPLA”) establishes the exclusive theories of liability for manufacturers for damages caused by their products. A manufacturer of a product is liable for damages proximately caused by a “characteristic of the product that renders the product unreasonably dangerous when such damage arose from a reasonably anticipated use of the product by the claimant or another person or entity.” La. R.S. 9:2800.54; Slaid v. Evergreen Indemnity, Ltd., 32,363 (La.App.2d Cir.10/27/99), 745 So.2d 793.

Under the LPLA, liability may be imposed when a product is found to be unreasonably dangerous in- one of four ways: (1) construction or composition, (2) design, (3) inadequate warning or (4) nonconformity to express warranty. La. R.S. 9:2800.54. Under the LPLA, the plaintiff has the burden of proving that a product is unreasonably dangerous. La. . R.S. 9:2800.54(D). Defects are not presumed by the mere occurrence of an accident. Scott v. American Olean Tile Co., Inc., 97-1080 (La.App. 3d Cir.2/4/98), 706 So.2d 1091; Ortego v. Jefferson Davis Parish School Bd., 95-13 (La.App. 3d Cir.5/31/95), 657 So.2d 378, writ denied, 95-1669 (La.10/6/95), 661 So.2d 475.

The strict liability imposed by La. C.C. art. 2317 prior to the 1996 legislative changes requires the plaintiff to prove that the vice or defect of the thing is a condition which poses an unreasonable risk of harm to others. A determination of whether a thing presents an unreasonable risk of harm should be made “in light of all relevant moral, economic, and social consideration.” Celestine v. Union Oil Co. of California, 94-1868 (La.4/10/95), 652 So.2d 1299, quoting Entrevia v. Hood, 427 So.2d 1146 (La.1983). The risk-utility balancing test weighs factors such as gravity and risk of harm, individual and societal rights and obligations, and the social utility involved. Boyle v. Board of Supervisors, LSU, 96-1158 (La.1/14/97), 685 So.2d 1080.

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Related

Ortego v. Jefferson Davis Parish School Bd.
657 So. 2d 378 (Louisiana Court of Appeal, 1995)
Celestine v. Union Oil Co. of California
652 So. 2d 1299 (Supreme Court of Louisiana, 1995)
Guillory v. Interstate Gas Station
653 So. 2d 1152 (Supreme Court of Louisiana, 1995)
Entrevia v. Hood
427 So. 2d 1146 (Supreme Court of Louisiana, 1983)
Smith v. General Motors Corp.
722 So. 2d 348 (Louisiana Court of Appeal, 1998)
Ebarb v. Guinn Bros., Inc.
728 So. 2d 487 (Louisiana Court of Appeal, 1999)
Scott v. American Olean Tile Co., Inc.
706 So. 2d 1091 (Louisiana Court of Appeal, 1998)
Goins v. Galion Mfg. Co.
626 So. 2d 1200 (Louisiana Court of Appeal, 1993)
Slaid v. Evergreen Indem., Ltd.
745 So. 2d 793 (Louisiana Court of Appeal, 1999)
Independent Fire Ins. Co. v. Sunbeam Corp.
755 So. 2d 226 (Supreme Court of Louisiana, 2000)
King v. Louviere
543 So. 2d 1327 (Supreme Court of Louisiana, 1989)
Boyle v. Board of Sup'rs
685 So. 2d 1080 (Supreme Court of Louisiana, 1997)

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Bluebook (online)
756 So. 2d 632, 2000 La. App. LEXIS 766, 2000 WL 348970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myles-v-cains-coffee-co-lactapp-2000.