Oberg v. ADVANCE TRANSFORMER CO., INC.

569 N.E.2d 50, 210 Ill. App. 3d 246, 155 Ill. Dec. 50, 1991 Ill. App. LEXIS 213
CourtAppellate Court of Illinois
DecidedFebruary 15, 1991
Docket1-89-2836
StatusPublished
Cited by3 cases

This text of 569 N.E.2d 50 (Oberg v. ADVANCE TRANSFORMER CO., INC.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oberg v. ADVANCE TRANSFORMER CO., INC., 569 N.E.2d 50, 210 Ill. App. 3d 246, 155 Ill. Dec. 50, 1991 Ill. App. LEXIS 213 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE RAKOWSKI

delivered the opinion of the court:

Plaintiff, as administrator of the estate of her deceased husband, brought an action sounding in strict liability in tort against several defendants, including defendant-appellee Advance Transformer Company, Inc. Plaintiff alleged that the ballast which plaintiff’s decedent was installing at the time of his death was an unreasonably dangerous product due to insufficient warnings and instructions. The ballast was manufactured by defendant. The trial court granted defendant’s motion for summary judgment, holding that there was no duty to warn plaintiff’s decedent of the obvious electrical danger in this case. The trial court’s order is appealable pursuant to Supreme Court Rule 304(a) (107 Ill. 2d R. 304(a)), and the case remains pending as to the other defendants. Plaintiff appeals, alleging that there existed genuine issues of material fact which precluded the entry of summary judgment.

The evidence before the trial court revealed that the decedent, Frederick Oberg, was employed by Tech Plastics, Inc., as the supervisor of the employer’s finishing paintings department at the time of the occurrence. At the time of the occurrence, the decedent was at work and in the process of installing a ballast into a fluorescent light fixture.

Ballasts for fluorescent light fixtures can either increase or decrease the electrical voltage to the fixture. Fred Abrahms, defendant’s manager of product service engineering, testified that a fluorescent lamp has no resistance, so that if power were applied to the lamp without a current limiting device, the lamp would bum out. Thus, one of the functions of a ballast is to limit the current to the lamp. Additionally, the ballast serves to increase the voltage which is necessary for starting the lamp. The majority of ballasts increase the voltage.

The ballast in question increased the electrical charge to 525 volts, from the 277-volt level of the conduit which is the standard level of voltage in an industrial building. The wires which bring power to the ballast were properly connected and the ballast was designated: “Output Voltage 525 volts.” The red wires which carried the current from the ballast were not connected to the fixture, and there was no extraneous voltage coming from the ballast itself. Therefore, the only source of the electrical shock decedent allegedly received was from the increased voltage which travelled through the red wires of the ballast. Plaintiff does not allege that the shock itself caused the death of her decedent, but rather that the shock caused her decedent to fall from the ladder (some 20 feet) and that the fall caused the decedent’s death.

Defendant placed the ballast in the stream of commerce without installation instructions or warnings, including warning of the danger of increased voltage. Fred Abrahms stated that he expected licensed electricians or electrical maintenance personnel to install these ballasts. Sometime after this incident, instructions and warnings were added to similar ballasts which defendant manufactured. Abrahms testified that the normal procedure in replacing a ballast is to assemble the ballast in the fixture, close up the fixture, put the lamps in and turn on the power switch to see if there was light. While he would not expect someone to use a voltage meter to measure the energizing of the wires unless he or she were a highly trained contractor, the installer of a ballast would be expected to have the power source off when installing a ballast. Abrahms was not aware of any installers who did not turn off the power when they are installing ballasts, and in his 30 years of experience with defendant, he was unaware of anyone else that had been injured when installing a ballast. Fred Hoppe, a journeyman electrician, said that it was not proper procedure to replace a ballast with the power on, although he has done so when he felt it was safe to install a ballast with the power on.

Plaintiff testified that her husband had an understanding of electricity and electrical equipment. He had engaged in electrical wiring for a prior employer. He had been taught how to run a wire through a light fixture and how to install an outlet. He was comfortable in dealing with electricity around the house and had previously worked on fluorescent lights. He did the wiring for fluorescent light fixtures at home. Before installing such a fixture, he turned the power off. In fact, plaintiff’s decedent turned the power off before working on anything electrical. Plaintiff’s decedent never called an outside electrician, but did the electrical work himself. The circuit court found that defendant had no duty to warn of electrical danger, holding “it is obvious to anyone who works on an electrical fixture.”

The issue which needs to be resolved is whether the trial court correctly determined as a matter of law that defendant had no duty to warn plaintiff’s decedent of the danger of the increased voltage, or that plaintiff’s decedent should only perform the work with the power off.

Summary judgment should be granted only when the pleadings, depositions and admissions, together with any affidavits, show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1005(c); see Fooden v. Board of Governors of State Colleges & Universities (1971), 48 Ill. 2d 580, 272 N.E.2d 497.) The question of whether a duty exists is an issue of law to be determined by the court. Bonder v. Commonwealth Edison Co. (1988), 168 Ill. App. 3d 80, 82, 522 N.E.2d 227.

A failure to warn of a product’s dangerous propensities can be characterized as a defective condition which causes injury and may serve as the basis for holding a manufacturer or seller strictly liable in tort. (Woodill v. Parke Davis & Co. (1980), 79 Ill. 2d 26, 402 N.E.2d 194.) A manufacturer must give both adequate directions for use and adequate warnings against potential dangers in the use of its product. (McCormick v. Bucyrus-Erie Co. (1980), 81 Ill. App. 3d 154, 162, 400 N.E.2d 1009.) A duty to warn is also imposed “where there is unequal knowledge, actual or constructive, and the defendant possessed of such knowledge, knows or should know that harm might or could occur if no warning is given.” Fuller v. Fend-All Co. (1979), 70 Ill. App. 3d 634, 638, 388 N.E.2d 964.

It is plaintiffs position that defendant had a duty to warn her decedent that the ballast had a dangerous propensity to increase voltage, which caused shock to her decedent, causing him to fall off the ladder. The principles articulated by the court in Genaust v. Illinois Power Co. (1976), 62 Ill. 2d 456, 343 N.E.2d 465, control this case. In Genaust, the plaintiff brought an action for injuries which he sustained when power from nearby lines arced to an antenna which he was installing.

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Bluebook (online)
569 N.E.2d 50, 210 Ill. App. 3d 246, 155 Ill. Dec. 50, 1991 Ill. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oberg-v-advance-transformer-co-inc-illappct-1991.