Owens v. General Motors Corp.

613 S.E.2d 651, 279 Ga. App. 842, 2005 Fulton County D. Rep. 995, 2005 Ga. App. LEXIS 267
CourtCourt of Appeals of Georgia
DecidedMarch 17, 2005
DocketA04A2117
StatusPublished

This text of 613 S.E.2d 651 (Owens v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. General Motors Corp., 613 S.E.2d 651, 279 Ga. App. 842, 2005 Fulton County D. Rep. 995, 2005 Ga. App. LEXIS 267 (Ga. Ct. App. 2005).

Opinion

613 S.E.2d 651 (2005)
279 Ga. App. 842

OWENS et al.
v.
GENERAL MOTORS CORPORATION.

No. A04A2117.

Court of Appeals of Georgia.

March 17, 2005.
Reconsideration Denied April 14, 2005.

*652 Michael S. Webb, Chatsworth, for Appellants.

Robert D. Hays, Jr., Halli D. Cohn, Jason Wenker, King & Spalding, Atlanta, for Appellee.

BARNES, Judge.

James Owens sued Paul Edward Nelkie and General Motors Corporation ("GM") after Owens wrecked his GM truck, alleging that Nelkie's negligence caused the wreck and GM's defective seat belt and air bags caused Owens to suffer extensive injuries. Patsy Owens also sued for loss of consortium. Owens subsequently dismissed Nelkie from the suit with prejudice, and GM moved for summary judgment. The company argued that Owens failed to present "qualified" expert testimony regarding the existence of a manufacturing or design defect, and failed to present expert testimony about the proximate cause of Owens' enhanced injuries. The trial court granted the motion, and the Owenses appealed. For the reasons that follow, we affirm the trial court's grant of summary judgment to GM on Owens' claims of negligence, fraudulent concealment, breach of warranties, and punitive damages, but reverse the trial court's grant of summary judgment on Owens' strict liability claim.

In this case, Owens contended that, because his seat belt did not lock and his air bag did not inflate, he hit his dashboard and windshield. If these safety features had worked, he contended, he would not have suffered any significant injuries, but their failure to function along with the other driver's negligence proximately caused his injuries. Owens sued GM for negligence, strict liability, fraudulent concealment, breach of warranties, and punitive damages. Mrs. Owens sued for loss of consortium. Owens appeals only the trial court's summary judgment grant on his strict liability and negligence claims.

A collision repair technician certified in passenger restraint systems testified that he had been working on vehicles for 21 years, and had attended numerous classes about seat belts and air bags. He repaired Owens' vehicle, a brand new black 1996 GM Sierra truck with about 200 miles on it, and noted that someone from GM came out to his shop twice to check the truck's air bag. The technician said that the steering wheel had folded over at the top and the rearview mirror had hair in it where Owens' head had struck it. In his opinion, both the seat belt and the air bag systems were defective. When the truck came to his shop, the seat belt was unwound and lying stretched out over the seat. After explaining how the locking mechanism in seat belt restraint systems deployed when the nose of a car dipped *653 forward, the technician demonstrated that the seat belt mechanism from Owens' truck did not lock properly. In his opinion, this seat belt system was defective.

The technician then discussed the operation of the air bag system, about which he had taken several technical courses. He explained that inside the sensor unit is a detonator. "It takes so many g forces for that detonator to go forward to hit the other end of the sensor to make the circuit complete to blow the bag." The right side frame rail was damaged in the collision, and it was "at the end of this bracket that welds to the frame that your air bag sensor mounts to. There's a faulty weld where the bracket mounts. The weld broke." He noted that the sensor wires were "skint" where the radiator scraped across the sensor. In his opinion, when the weld broke, the g force did not transfer to the air bag sensors and thus the bag did not detonate. The owner of the repair shop where the technician worked also testified that the air bag bracket tore loose from the frame, and the air bag did not go off.

Owens' family doctor testified that he first saw Owens eight days after the wreck. He determined whether Owens had been wearing his seat belt, "because that normally makes a difference in the extent of the injuries," and Owens had suffered trauma to the nasal bridge between his eyes, along with ankle pain. A week later Owens returned in an "altered mental state," and the physician ordered him to undergo a CT scan of his head and chest, and an x-ray of his ankle. These tests revealed a mild concussion and a fractured ankle, which the physician thought tipped Owens into a state of depression and post-traumatic stress syndrome. Two years after the wreck, after numerous bouts of eye infections and swelling, another CT scan showed Owens had fractured his nose at the location he claimed was painful after the wreck. The fracture blocked the tear duct in one eye, which an ophthalmological surgeon opened, and the problem resolved.

Patsy Owens testified that her husband broke his glasses and had a black eye, a knot on his head, and a bruised sternum. She had noticed that the seat belt did not catch when she drove the truck before the wreck, but that it did now that it had been replaced. She also said that she and her husband were suing GM because the truck's seat belt "failed to do what it said it was going to do. You think a seat belt will protect you. It failed to do that. An air bag is supposed to help you if you are in an accident, and it failed to come out."

James Owens also testified that, before the wreck, the seat belt did not lock when he braked hard, although it now did. The truck manual said the air bag should go off upon an impact of 15 mph or more, but it did not deploy during this wreck. He explained that the wreck occurred on a two-lane road when he passed a car driving 25 mph in a 45 mph zone. When he pulled back into his lane in front of the slow-moving car, the Ford truck ahead of him locked down its brakes. He attempted to avoid hitting the Ford but was unsuccessful. Owens said he never felt any tension in the shoulder belt, and his head "flew back" and then bounced forward into the rearview mirror, which broke off, and the windshield. His sternum hit the wheel and his left foot broke when it slipped off of the brake. Afterward, he said, the other driver jumped out and said, "I will teach you a lesson about driving behind anybody too close ...," then followed that statement with several obscenities. Owens had a cracked sternum, a black eye, and knots on his head, and complained of short-term memory loss. Finally, he said that the air bag did not work, its sensor wires were scraped, and the seat belt "did not hold me one bit." He responded negatively when asked, "If the air bag had deployed, had gone off and if the seat belt had held you as you say it should have, do you think you would have had any injuries in this accident?"

1. On appeal we review the trial court's grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Preferred Real Estate Equities *654 v. Housing Systems, 248 Ga.App. 745, 548 S.E.2d 646 (2001).

To prevail at summary judgment under OCGA § 9-11-56

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613 S.E.2d 651, 279 Ga. App. 842, 2005 Fulton County D. Rep. 995, 2005 Ga. App. LEXIS 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-general-motors-corp-gactapp-2005.