Needham v. Coordinated Apparel Group, Inc.

811 A.2d 124, 174 Vt. 263, 2002 Vt. LEXIS 147
CourtSupreme Court of Vermont
DecidedJune 28, 2002
Docket99-360
StatusPublished
Cited by7 cases

This text of 811 A.2d 124 (Needham v. Coordinated Apparel Group, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Needham v. Coordinated Apparel Group, Inc., 811 A.2d 124, 174 Vt. 263, 2002 Vt. LEXIS 147 (Vt. 2002).

Opinions

[265]*265Dooley, J.

Defendants, comprised of the manufacturers, distributors and retailers of a cotton garment that ignited, injuring Stephanie Needham, appeal from a judgment based on a jury verdict in favor of plaintiffs, Stephanie and her parents, on their negligence, breach of warranty and products liability claims. Defendants contend the court erroneously: (1) denied their motion for judgment as a matter of law because, the evidence established that the accident could not have happened as plaintiffs contended, and did not support their failure-towam products liability claim; (2) admitted a Congressional subcommittee hearing report; and (3) denied a motion for mistrial following plaintiffs’ closing argument. We reject the first contention, but agree with the second, and therefore reverse and remand for a new trial.1

Construed in the light most favorable to the judgment, see Haynes v. Golub Corp., 166 Vt. 228, 233, 692 A.2d 377, 380 (1997), the main evidence presented to the jury was as follows. On the morning of January 10,1995, while she was “lean[ing] up against the chair that is in front of the [wood] stove to watch television,” Stephanie Needham’s cotton turtleneck suddenly burst into flame. Stephanie, her brother and her parents testified that at the time of the incident the door to the wood stove was closed and there were no open flames or sparks. Stephanie recalled that she “heard a whooshing sound ... then I turned my head and saw the flames.” She immediately ran outside and rolled in the snow. After she stood up, however, the shirt reignited. Stephanie’s brother then threw her to the ground and extinguished the flames.

The Hearthstone stove in question had a front window and a loading door on the left side which could be opened only with a special tool. Stephanie was not permitted to open the stove door, and had never done so. She had been “told not to sit on the hearth,” and the chair which she leaned against at the time her shirt ignited was located approximately three feet from the stove.

Plaintiffs’ expert, Dr. Charles Beroes, testified about how a cotton garment could ignite in the absence of an open flame:

When cotton is heated, it begins to decompose into ... pyrolysis gas----These gases are highly flammable ... [and] are generated at low temperatures, 380 degrees ... depending upon what’s on the fabric. There may be polymers [266]*266or plastics ... and dyes____ [T]he spontaneous ignition temperature is that at which the gases will ignite without any outside assistance, no energy from the outside, no spark, no match, no flame. They will ignite spontaneously ... automatically when one reaches temperatures like 875 degrees.

Dr. Beroes also offered an explanation as to how the turtleneck could have ignited -without Stephanie feeling excessive heat:

It was very cold that morning, 10 to 20 degrees below zero and she was trying to keep warm. The back of her ... turtleneck was hanging. The importance of this is she wouldn’t sense heating of that lower part of the undershirt and its gasification and so on because it wasn’t in contact with her skin____[T]he shirt became heated to 380 degrees... and [began] to pyrolyze profusely.... Now, while this is going on ... chimneys we all know have a draft... drawing in air from the surrounding environment and now some of this vapor becomes heated sufficiently to its spontaneous ignition temperature, that is 875 degrees.

The evidence showed that cotton was combustible and had “hidden unknown danger[s].” Specifically, evidence showed that cotton gannents are self-propagating, or not self-extinguishing, so that they will continue to bum after the source of ignition is removed, and that “there is a very rapid flame spread.”

Stephanie received first, second and third degree bums across 18 - 20 percent of the surface of her skin, requiring extensive medical intervention to induce healing and reduce scarring. The incident also had a significant psychological impact on Stephanie; she experienced nightmares and was diagnosed with post-traumatic stress disorder and a body image disturbance, both of which interfered with her normal activities.

The garment that ignited was in full compliance with all applicable federal and industry flammability standards.2 Ordinary clothing of the type in question rarely includes flammability warnings. The published ignition temperature for cotton is 752 degrees Fahrenheit.

Plaintiffs filed suit in Addison Superior Court against the manufacturers, distributors and retailers of the cotton turtleneck, [267]*267asserting theories of strict liability, negligence and breach of warranty. After a five-day trial, the jury returned a verdict in favor of plaintiff Stephanie Needham finding defendants were negligent and breached their warranty and that they were strictly liable in tort. They awarded damages in the amount of $3 million, but reduced that amount by 50% to reflect their finding of her proportionate fault. As to the parents’ claims, the jury concluded that they were 75% at fault and therefore found for defendants. Defendants moved for judgment notwithstanding the verdict, and in the alternative for a new trial. Both motions were denied. This appeal followed.

We first consider defendants’contention that the court should have granted their motions for judgment as a matter of law because acceptance of that contention would end this litigation. The trial court denied these motions because it found that Dr. Beroes testimony provided “sufficient evidence to get the case to the jury.”

Defendants renew their claim on appeal that the evidence was insufficient to support any theory of how the accident happened that would give rise to their liability. We review motions for judgment as a matter of law to determine “whether the result reached by the jury is sound in law on the evidence produced.” Brueckner v. Norwich University, 169 Vt. 118, 122, 730 A.2d 1086, 1090 (1999) (internal citations omitted). “If evidence exists that may fairly and reasonably support all elements of the nonmoving party’s claim, judgment as a matter of law is improper.” Id. ‘We view the evidence in the light most favorable to the nonmoving party and exclude the effect of any modifying evidence.” Haynes, 166 Vt. at 233, 692 A.2d at 380.

Defendants’ argument is based on their view that the evidence supports only two possible ways in which the accident occurred: (a) the turtleneck came in contact with the fire in the stove or (b) because of proximity to the stove, the temperature of the turtleneck reached 800 degrees Fahrenheit. They characterize the second possibility as incredible because plaintiff would have felt the heat before the fire started. They submit that the first possibility is what really occurred, but that such contact represents product misuse and controlling negligence as a matter of law.

We do not have to get into the underlying law to reject this argument. The problem with it is that plaintiffs’ expert witness presented a third theory which does not have the deficiencies that defendants cite. The expert’s theory was that the lower part of the turtleneck, which did not touch plaintiff’s skin, reached 380 degrees Fahrenheit and emitted pyrolysis gases. Those gases were sucked

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Needham v. Coordinated Apparel Group, Inc.
811 A.2d 124 (Supreme Court of Vermont, 2002)

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Bluebook (online)
811 A.2d 124, 174 Vt. 263, 2002 Vt. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/needham-v-coordinated-apparel-group-inc-vt-2002.