Reda Pump Co., a Div. of TRW, Inc. v. Finck

713 S.W.2d 818, 1986 Ky. LEXIS 283
CourtKentucky Supreme Court
DecidedJuly 3, 1986
StatusPublished
Cited by42 cases

This text of 713 S.W.2d 818 (Reda Pump Co., a Div. of TRW, Inc. v. Finck) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reda Pump Co., a Div. of TRW, Inc. v. Finck, 713 S.W.2d 818, 1986 Ky. LEXIS 283 (Ky. 1986).

Opinions

VANCE, Justice.

The question is whether the contributory negligence of a claimant constitutes an absolute bar to recovery of damages in a products liability action.

The appellee, James R. Finck, was injured when a pump manufactured by appellant exploded while Finck was attempting to repair it. He sought damages based upon negligence, breach of warranty, and strict liability. The case was submitted to a jury under a comparative negligence instruction, and the jury found that appellant and Finck were each negligent and prorated liability 34.25% to Finck and 65.75% to appellant.

Aetna Casualty and Surety Company intervened and was permitted to recover the amounts it had paid to Finck as workers’ compensation benefits. Because of the importance of the issue presented, we granted transfer of this appeal.

Appellant asserted at trial and contends on appeal that as a matter of law it was entitled to judgment because the contributory negligence of Finck constituted an absolute bar to his recovery of damages.

Kentucky has enacted a products liability act. K.R.S. 411.300 — 411.350. The act provides that “a ‘products liability action’ shall include any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, packaging, or labeling of any product.” K.R.S. 411.300(1).

Pursuant to this definition, the action instituted by Finck is a “products liability action.”

The products liability act, K.R.S. 411.-320(3) provides:

“In any product liability action, if the plaintiff failed to exercise ordinary care in the circumstances in his use of the product, and such failure was a substantial cause of the occurrence that caused injury or damage to the plaintiff, the defendant shall not be liable whether or not said defendant was at fault or the product was defective” (Emphasis ours.)

The appellees contend (1) that the General Assembly did not intend in K.R.S. 411.-320(3) that contributory negligence should completely bar remedy and (2) if K.R.S. 411.320(3) is construed to be an absolute bar to recovery, it is unconstitutional.

We will examine first the meaning of the statute. On its face, it plainly states that in a products liability action in which the plaintiff is shown to be negligent and such negligence substantially contributed to his injury, the defendant shall not be liable for the injury regardless of the fact that the defendant may also have been at fault or the product defective.

We do not perceive any ambiguity in the wording of the statute. It is plain and clear on its face. We have long adhered to the rule in this jurisdiction that statutes will be construed according to the plain [820]*820meaning of the words contained in the statute.

In Burrell v. Electric Plant Board, Ky., 676 S.W.2d 231 (1984), we applied the rule and held the statute in question must be “held to mean what it plainly expresses.” Id. at 234.

In Bailey v. Reeves, Ky., 662 S.W.2d 832 (1984) we said:

“We have a duty to accord to words of a statute their literal meaning unless to do so would lead to an absurd or wholly unreasonable conclusion. Department of Revenue v. Greyhound Corp., Ky., 321 S.W.2d 60 (1959). A legislature making no exceptions to the positive terms of a statute is presumed to have intended to make none. Commonwealth v. Boarman, Ky.App., 610 S.W.2d 922 (1980).”

Id. at 834.

In Gateway Construction Company v. Wallbaum, Ky., 356 S.W.2d 247 (1962) we expressed the rule in the following language:

“The best way in most cases to ascertain such intent or to determine the meaning of a statute is to look to the language used, but no intention must be read into the statute not justified by the language.... The primary rule is to ascertain the intention from the words employed in enacting the statute and not to guess what the Legislature may have intended but did not express.... Resort must be had first to the words, which are decisive if they are clear.... The words of the statute are to be given their usual, ordinary, and everyday meaning....”

Id. at 249.

We find no merit in the contention that the General Assembly in K.R.S. 411.320(3) was merely acknowledging the state of the common law in negligence cases. The entire tenor of the Products Liability Act is to restrict and limit actions concerning products liability.

K.R.S. 411.310(1) creates a rebuttable presumption that a product was not defective if the injury or damage occurred either more than five years after the date of sale to the first customer or more than eight years after the date of manufacture. K.R.S. 411.310(2) created a rebuttable presumption that a product was not defective if the design, methods of manufacture, and testing conformed to the generally recognized and prevailing standards or the state of the art in existence at the time the design was prepared and the product manufactured.

K.R.S. 411.320(1) limits liability to that which would have occurred had the product been used in its original, unaltered, and unmodified form, and K.R.S. 411.320(2) precludes recovery by a plaintiff who performs an unauthorized alteration or modification of the product, which alteration substantially causes injury.

K.R.S. 411.320(3) absolutely bars recovery in cases where contributory negligence of the plaintiff substantially contributes to cause an occurrence which injures the plaintiff.

The whole focus of the products liability act tends toward a restriction of liability in products liability cases. We hold that K.R.S. 411.320(3), by its plain meaning, provides that contributory negligence of a claimant which is a substantial cause of the occurrence that caused injury or damage to him is an absolute bar to recovery of damages resulting from such injury. This statute was similarly construed by the United States District Court for the Eastern District of Kentucky in Anderson v. Black & Decker (U.S.), Inc., 597 F.Supp. 1298 (1984).

Appellant further contends that if we construe K.R.S. 411.320(3) as we do here construe it, then the statute is unconstitutional because it establishes a different standard for recovery in products liability cases from that which is used in negligence cases generally.

This contention is premised upon our holdings in Hilen v. Hays, Ky., 673 S.W.2d 713 (1984), and Tabler v. Wallace, Ky. 704 S.W.2d 179 (1986).

In Hilen, supra, we adopted a comparative negligence rule in ordinary civil negli[821]*821gence cases.

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713 S.W.2d 818, 1986 Ky. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reda-pump-co-a-div-of-trw-inc-v-finck-ky-1986.