Randy Peck Sharon Peck v. Bridgeport MacHines Inc. Romi Company

237 F.3d 614, 2001 U.S. App. LEXIS 148, 2001 WL 15396
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 8, 2001
Docket99-2024
StatusPublished
Cited by44 cases

This text of 237 F.3d 614 (Randy Peck Sharon Peck v. Bridgeport MacHines Inc. Romi Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Randy Peck Sharon Peck v. Bridgeport MacHines Inc. Romi Company, 237 F.3d 614, 2001 U.S. App. LEXIS 148, 2001 WL 15396 (6th Cir. 2001).

Opinions

RYAN, J., delivered the opinion of the court. JONES, J., concurred in the disposition of the product design claim, and concurred in the result on the issue of summary judgment on the failure to warn claim. CLAY, J., (p. 619), delivered a separate concurring opinion.

OPINION

RYAN, Circuit Judge.

The plaintiff, Randy Peck, brought a products liability action in the federal court to recover damages for personal injuries he sustained while working on a lathe that was designed by ROMI Company and sold by Bridgeport Machines, Inc. Peck alleged that the lathe had a design defect and that the defendants breached their duty to warn of the machine’s alleged dangerousness. The district court granted summary judgment for the defendants, finding that Peck could not establish the defendants’ liability under Michigan’s risk-utility test for design defect claims and, for other reasons, failed to make out a failure to warn claim. Peck appealed and we now affirm the district court’s judgment.

I.

ROMI designed the lathe. It has an on/off switch that energizes the machine and a lever that puts the lathe into gear. The lever is operated by pushing it horizontally and then moving it vertically upward to make the lathe go forward, or downward to put it in reverse. On November 22, 1995, Randy Peck and two other men were attempting to load a long metal tube weighing approximately 150 pounds onto the lathe. The lathe was inadvertently activated by one of the other men and Peck’s hand was caught in the lathe and he was seriously injured. Peck sued Bridgeport Machines in Jackson County Michigan Circuit Court. Bridgeport removed the case to the United States District Court for the Eastern District of Michigan. Thereafter, Peck added his spouse, Sharon, as a plaintiff, and ROMI, as a defendant.

At the hearing in district court on the defendants’ motion for summary judgment, each party’s case was presented mainly through deposition testimony. Peck presented the deposition testimony of his expert, Herbert Ludwig, and ROMI offered the deposition testimony of its expert, Ayr-ton Tortelli, who designed the machine. The district court granted the defendants’ motion for summary judgment on the design defect claim, finding that at trial the plaintiff would be unable to prove that an available and practicable reasonable alter[617]*617native design of the lathe would have reduced the foreseeable risk of harm posed by the product, one of six elements of Michigan’s risk-utility test for proving defect design, as established in Hollister v. Dayton Hudson Corp., 201 F.3d 731 (6th Cir.), cert. denied, — U.S. —, 121 S.Ct. 58, 148 L.Ed.2d 25, and cert. denied, — U.S. —, 121 S.Ct. 59, 148 L.Ed.2d 25 (2000). The district court also granted the motion for summary judgment on the failure to warn claim on the ground that Ludwig testified in his deposition that it was not necessary to turn off the machine to operate or load it safely, and because the court found it could not rely on Ludwig's subsequent inconsistent affidavit.

II.

We are handicapped in our review of this case because the district court did not prepare a written opinion explaining its reasoning for granting summary judgment. Instead, we have only the transcript of the summary judgment hearing in which the district court announced its decision from the bench. Consequently, we are required to comb through the transcript of the summary judgment hearing, including an extensive discussion between the court and counsel, in order to find the passage wherein the district court judge explains from the bench his decision to grant summary judgment and its legal basis.

This reviewing court, and more importantly, the parties, are much better served when, as is the custom in this circuit, the district court prepares a written opinion explaining its ruling and the reasoning, factual and legal, in support, especially when the ruling disposes of the case in a final judgment.

This court reviews de novo a district court’s decision to grant summary judgment. Smith v. Ameritech, 129 F.3d 857, 863 (6th Cir.1997). Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

A. The Design Defect Claim

Michigan has adopted what its courts have come to call the “risk-utility” test for determining whether a plaintiff has made out a case for a product liability claim based upon a claimed design defect. Prentis v. Yale Mfg. Co., 421 Mich. 670, 365 N.W.2d, 176, 186 (1984). In Owens v. Allis-Chalmers Corp., 414 Mich. 413, 326 N.W.2d 372 (1982), the Michigan Supreme Court stated the test as follows: “Our conclusion that the plaintiff did not present a prima facie case is based on the lack of evidence concerning both the magnitude of the risks involved and the reasonableness of the proposed alternative design.” Id. at 378-79. This test was recently elaborated by Judge Feikens in Hollister v. Dayton Hudson Corp., 5 F.Supp.2d 530 (E.D.Mich. 1998). Judge Feikens restated this test relying primarily upon two other design defect cases, Reeves v. Cincinnati, Inc., 176 Mich.App. 181, 439 N.W.2d 326 (1989), and.Owens, 414 Mich. 413, 326 N.W.2d 372. When Hollister was appealed to this court, we reversed the judgment in part, but adopted Judge Feikens’s deconstructed formulation of Michigan’s risk-utility test.. Hollister, 201 F.3d at 738. Under this test, to survive a motion for summary judgment, the plaintiff must produce evidence showing:

(1) that the severity of the injury was foreseeable by the manufacturer;
(2) that the likelihood of occurrence of her injury was foreseeable by the manufacturer at the time of distribution of the product;
(3) that there was a reasonable alternative design available;
(4) that the available alternative design was practicable;
(5) that the available and practicable reasonable alternative design would have reduced the foreseeable risk of [618]*618harm posed by defendant’s product; and
(6) that omission of the available and practicable reasonable alternative design rendered defendant’s product not reasonably safe.

Id.

The district court found that Peck had made a prima facie case of design defect as to elements 1, 2, 3, and 4 of the Hollister

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Bluebook (online)
237 F.3d 614, 2001 U.S. App. LEXIS 148, 2001 WL 15396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randy-peck-sharon-peck-v-bridgeport-machines-inc-romi-company-ca6-2001.