Poe v. Atlas-Soundelier/American Trading & Production Core

512 S.E.2d 760, 132 N.C. App. 472, 1999 N.C. App. LEXIS 201
CourtCourt of Appeals of North Carolina
DecidedMarch 2, 1999
DocketNo. COA98-714
StatusPublished
Cited by3 cases

This text of 512 S.E.2d 760 (Poe v. Atlas-Soundelier/American Trading & Production Core) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poe v. Atlas-Soundelier/American Trading & Production Core, 512 S.E.2d 760, 132 N.C. App. 472, 1999 N.C. App. LEXIS 201 (N.C. Ct. App. 1999).

Opinion

HORTON, Judge.

Plaintiff Anthony Poe was one of approximately 100 temporary employees supplied to defendant Atlas-Soundelier/American Trading & Production Corporation (Atlas-Soundelier) by defendant Mega Forcé Temporary Services, Inc. (Mega Force), in August of 1993. On 6 August 1993, plaintiff was operating a mechanical die press at Atlas-Soundelier’s Laurinburg plant when his left hand was crushed in the press. On 31 July 1996, plaintiff instituted an action in Cumberland County (later removed to Scotland County) against Mega Force; Atlas-Soundelier; E. G. Heller’s Son, Inc., the manufacturer of the die press; Snyder Corporation, which supervised the installation of the die press; Randall Feagin, d/b/a Randy’s Electrical Service (Feagin), who did electrical work involved with the installation of the die press; and Richard Britt, plaintiff’s supervisor at Atlas-Soundelier. E. G. Heller’s Son, Inc., is no longer a party to this lawsuit. Plaintiff has settled with Mega Force. Summary judgment in favor of all the remaining defendants was entered on 18 February 1998, and plaintiff appealed, contending there were “genuine issue[s] of material fact supporting numerous triable issues.” We disagree, and affirm the judgment of the trial court.

In the spring of 1993, defendant Atlas-Soundelier moved a number of machines from its Fresno, California, plant to its Laurinburg plant. The Heller-Sutherland mechanical power press (the press) involved in this accident was among those relocated. A trucking company disassembled, transported, and reassembled the press in Laurinburg. Atlas-Soundelier contracted with Snyder Corporation to hook up the electrical, air, and hydraulic systems as they had been in the Fresno plant. Snyder then contracted with Feagin to perform the actual hookup. While in use in Fresno, the press was operated either by a foot pedal or by hand buttons. Either the foot pedal or hand buttons could be utilized by merely plugging the device into an existing socket in the press. When the foot pedal was engaged or the hand buttons pressed by the operator, the press would perform a metal-stamping operation. As a safety measure, a light curtain was installed and positioned between the press operator and the areas where the metal blanks are stamped. The light curtain is made up of numerous vertical photoelectric cells which emit a steady light beam across the area [474]*474between the operator and the press. If the light beam is interrupted by any object, the press stops immediately and remains stopped until the object is removed from the beam of light. There was only nine and one-half inches of space between the light curtain and the area where the metal blanks were stamped out. After defendants Snyder and Feagin installed the hand controls and light curtain, the press was tested and was working properly. Thereafter, Atlas-Soundelier began using the foot control with the press rather than the hand controls because it increased operator efficiency. Atlas-Soundelier also installed a hand-held toggle switch and changed the use of the press from a one-step to a two-step operation. As modified by Atlas-Soundelier, the press operator was to feed a metal blank into the die on the left side using the toggle switch. The operator was then to activate the press by use of the foot switch. In order to prevent injury, the foot switch was enclosed in a metal box so that it could not be activated accidentally. The operator’s foot had to be inserted into the metal box to depress the foot switch. After the press performed the first stamping operation, the worker was to move the metal blank to the right using tongs, insert a second metal blank on the left side, activate the press a second time with the foot pedal, and then remove the finished piece.

On 6 August 1996, plaintiff was assigned to work on the press when he reported to Atlas-Soundelier. Plaintiff had operated the press many times and produced some 25,000 finished pieces. No Atlas-Soundelier employee had ever been injured using the press. After plaintiff had produced about 100 pieces, the press came down on his hand and crushed it. Plaintiff was transported to a local hospital and treated after the accident. A blood alcohol test performed at the hospital one and one-half hours after the accident revealed a level of 0.097%.

On 31 July 1996 plaintiff filed a complaint in Cumberland County Superior Court, alleging negligence on the part of Snyder, Feagin, Heller and Britt; intentional misconduct on the part of Mega Force and Atlas-Soundelier; and breach of warranty against Heller. During the discovery stage, plaintiff testified in his deposition that he was operating the press in the normal fashion when it inexplicably malfunctioned and injured his hand. Plaintiff testified that he did not depress the foot pedal and was leaning through the light curtain when the press activated and injured him. Plaintiffs own expert witness agreed that the press was operating properly at the time of plaintiff’s injury and could explain the injury only by assuming that plaintiff had [475]*475gotten between the light curtain and the press, and then somehow reached out with his foot and depressed the foot pedal. If plaintiffs testimony were true, plaintiffs expert could not explain the accident. In September of 1997 defendants filed motions for summary judgment. The trial court granted the motions on or about 18 February 1998. Plaintiff appeals.

Summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, admissions and affidavits show no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. The burden is on the movant to show: (1) an essential element of plaintiffs claim is nonexistent; (2) plaintiff cannot produce evidence to support an essential element of its claim; or (3) plaintiff cannot surmount an affirmative defense raised in bar of its claim. Liller v. Quick Stop Food Mart, Inc. 131 N.C. App. 619, 621, 507 S.E.2d 602, 604 (1998). In considering a motion for summary judgment, “the court must view the evidence presented by both parties in the light most favorable to the nonmov-ing party.” Davis v. Town of Southern Pines, 116 N.C. App. 663, 666, 449 S.E.2d 240, 242 (1994), disc. review denied, 339 N.C. 737, 454 S.E.2d 648 (1995).

Among other things, plaintiff has sued defendants for negligence. A prima facie case of negligence includes the following elements: (1) that defendant failed to exercise proper care in the performance of a duty owed plaintiff; (2) the negligent breach of that duty was a proximate cause of plaintiffs injury; and (3) a person of ordinary prudence should have foreseen that plaintiffs injury was probable under the circumstances. Liller, 131 N.C. App. at 621, 507 S.E.2d at 604.

The central difficulty with plaintiffs case is his inability to explain how the accident happened and thus to focus on the manner in which one or more of the defendants were negligent. In fact, many of plaintiffs allegations of negligence in his amended complaint and his brief before this Court are not supported by his own testimony or that of his expert witness. Further, the assumptions made by his expert witness contradict plaintiffs own deposition testimony. That conflict in plaintiffs own evidence does not present a triable issue of fact, however.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taft v. Brinley's Grading Services, Inc.
738 S.E.2d 741 (Court of Appeals of North Carolina, 2013)
Gregory v. Pearson
736 S.E.2d 577 (Court of Appeals of North Carolina, 2012)
Shelton v. STEELCASE, INC.
677 S.E.2d 485 (Court of Appeals of North Carolina, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
512 S.E.2d 760, 132 N.C. App. 472, 1999 N.C. App. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poe-v-atlas-soundelieramerican-trading-production-core-ncctapp-1999.