Scheman-Gonzalez v. Saber Mfg. Co.

816 So. 2d 1133, 2002 WL 530525
CourtDistrict Court of Appeal of Florida
DecidedApril 10, 2002
Docket4D00-2317, 4D00-3853
StatusPublished
Cited by36 cases

This text of 816 So. 2d 1133 (Scheman-Gonzalez v. Saber Mfg. Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scheman-Gonzalez v. Saber Mfg. Co., 816 So. 2d 1133, 2002 WL 530525 (Fla. Ct. App. 2002).

Opinion

816 So.2d 1133 (2002)

Maritza SCHEMAN-GONZALEZ, etc. et al., Appellants,
v.
SABER MANUFACTURING COMPANY; Titan International, Inc.; Michelin North America, Inc., etc., et al., Appellees.

Nos. 4D00-2317, 4D00-3853.

District Court of Appeal of Florida, Fourth District.

April 10, 2002.
Rehearing Denied June 5, 2002.

*1135 Robert S. Glazier and Sarah Helene Sharp of Law Office of Robert S. Glazier, Miami, and A. Francisco Areces, P.A., Coral Gables, for appellants.

G. William Bissett of Hardy & Bissett, P.A., Miami, for Appellee-Titan International, Inc.

*1136 Wendy F. Lumish and Jeffrey A. Cohen of Carlton Fields, P.A., Miami, for Appellee-Michelin North America, Inc.

STONE, J.

David Rodriguez suffered fatal injuries when he attempted to mount a 16 inch Michelin tire onto a 16.5 inch Saber-Titan wheel. The plaintiffs, referred to herein as "Gonzalez," appeal summary judgments entered against them in this wrongful death lawsuit against Titan International, Inc. ("Titan"), and Michelin North America, Inc. ("Michelin"). We reverse.

Titan designed and manufactured the wheel rim.[1] The multi-count complaint alleged that Titan was liable for the negligent design of the wheel and for failing to warn customers and users that the 16.5 inch wheel would accept a 16 inch tire, but would explode when it was mounted.[2] The complaint further alleged that these dangers were not apparent to, or known by, Rodriguez.

As to Michelin, it was alleged that Michelin negligently manufactured the subject tire and that it knew or should have known that the tire was defective and unreasonably dangerous.[3]

The grounds upon which Titan moved for summary judgment were that, as a component part manufacturer, it was not responsible for any defect in the wheel assembly and had no duty to warn endusers of potential dangers. Further, Rodriguez *1137 knew of the risk. Michelin adopted the grounds asserted in Titan's motion.

In granting summary judgment, the trial court considered several depositions which included testimony that Rodriguez was employed as a "helper" at an auto repair business and tire work was not his responsibility. However, there was also testimony that Rodriguez did help change tires after being taught to do so by Williams, his co-worker. Williams claimed to have warned Rodriguez he could injure himself if he mounted a tire on the wrong size of wheel. There was other testimony that Rodriguez was aware of this danger.

Michael Brock, the corporate officer of the employer, testified that Rodriguez was not charged with changing tires and was only responsible for stacking the tires and cleaning up. Brock acknowledged, however, that Rodriguez may have used the tire changing machine without his knowledge. In fact, Chris Ellison, a former manager, confirmed that he had witnessed Rodriguez changing tires on occasion.

The record reflects that Saber Manufacturing Company manufactured the wheel and that Titan supplied the rims. A former Saber operations manager stated that Saber began putting a warning label on the 16.5 inch rims regarding mismatch problems with 16 inch tires, but was unable to recall exactly when this practice began, only that it was probably instituted before the wheel in question was manufactured. He also stated that the tire manufacturers generally place a warning on the tire regarding the dangers of mounting the 16 inch tire on a 16.5 inch wheel.

Titan filed the affidavit of Michael Borrelli, a private investigator, who stated that he had inspected the wheel in question and was able to read the markings, including the 16.5 inch size in at least three places on the wheel. He was also able to clearly observe a marking on both the inboard and outboard sidewalls of the tire, which stated, "MOUNT ONLY ON APPROVED 16 INCH RIMS."

Gonzalez filed the affidavits of two experts in opposition to the motions for summary judgment.

According to Laughery, one of the experts, the similarity of the two wheels in size and appearance causes tire busters to rely on negative feedback as an indication that the tire they are mounting is not the correct size. However, in the case of the 16.5 inch wheel and 16 inch tire, because there is often no difficulty in placing the 16 inch tire on the 16.5 inch rim, there may be no "feedback" to indicate a mismatch.

Laughery stated that studies show the 16 inch tire has a 5-degree bead contour and the 16.5 tire has a 15-degree bead contour. As a result, a 16 inch tire placed on a 16.5 inch rim will not seat properly and will explode when inflated. However, the flange of the rim is virtually the same diameter for the 16 and 16.5 inch rim. Hence, "the task of placing a 16 inch tire on a 16.5 inch rim is no more or less difficult than on a 16 inch rim."

Laughery concluded that the markings involved in this case were insufficient to warn tire mounters of the danger of mounting a 16 inch tire onto a 16.5 inch wheel. The study used by Laughery also concluded that limited warning labels, informing the user to match the tire and wheel size, even if they warned of the risk of serious injury, were inadequate. The only label he viewed as adequate was one that specifically explained that a 16 inch tire could be easily passed over the 16.5 inch rim flange but will not seat and will explode on inflation.

Gonzalez's second expert, Milner, testified that design defects in the Saber/Titan 16.5 inch wheel and the bead in the Michelin 16 inch tire caused the explosion which *1138 killed Rodriguez. Milner also confirmed that the 16 inch tire will initially be accepted onto the 16.5 inch rim, but will not seat and will eventually explode. He further noted that the 16.5 inch wheel is the only passenger or light truck wheel in the United States that is capable of accepting a tire which does not match its size.

Milner concluded that the subject rim is defective because it is configured to accept the 16 inch tire readily and this rim design violates the principle that if the wheel accepts the tire, it is the appropriate size. He also stated that the size markings on the tire and rim are inconspicuous and are inadequate to warn tire mounters of the danger of a mismatch. He further concluded that defective design and lack of proper warnings caused the fatal injuries.

Milner also referred to conclusions that the 16.5 inch rim could easily be re-designed to eliminate the hazard of inadvertent mismatches and that the design of the tire could be modified to use an alternative almost fail-proof bead grommet design which would have prevented the subject accident. We note, however, Milner cautioned that strengthening the tire bead grommets might otherwise compromise the integrity of the tire.

In light of the aforementioned evidence, the trial court entered summary judgment against Gonzalez. The court found that as a component part manufacturer of a part which was not inherently dangerous, Titan owed no duty to warn end users of the dangers of the wheel subsequently assembled by Saber. The court found there was no genuine issue of material fact as to whether Rodriguez knew of the importance of matching tire and wheel sizes and the dangers in mismatching tires and wheels. Therefore, Titan had no duty to warn Rodriguez, who was aware of the danger.

The court also found that none of the evidence was sufficient to show that a lack of warning regarding mismatching the 16 inch tire with the 16.5 inch rim caused Rodriguez's injuries and death.

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

Related

Terrance Nelson Cates v. Zeltiq Aesthetics, Inc.
73 F.4th 1342 (Eleventh Circuit, 2023)
Amal Eghnayem v. Boston Scientific Corporation
873 F.3d 1304 (Eleventh Circuit, 2017)
William P. Aubin v. Union Carbide Corporation
177 So. 3d 489 (Supreme Court of Florida, 2015)
Tillman v. C.R. Bard, Inc.
96 F. Supp. 3d 1307 (M.D. Florida, 2015)
Secrest v. Merck, Sharp & Dohme Corp.
707 F.3d 189 (Second Circuit, 2013)
Faddish v. Buffalo Pumps
881 F. Supp. 2d 1361 (S.D. Florida, 2012)
Lilybet Farias v. Mr. Heater, Inc.
684 F.3d 1231 (Eleventh Circuit, 2012)
In re Standard Jury Instructions in Civil Cases—Report No. 09-10
91 So. 3d 785 (Supreme Court of Florida, 2012)
Farias v. MR. HEATER, INC.
757 F. Supp. 2d 1284 (S.D. Florida, 2010)
Constantinides v. CBS Corporation
747 F. Supp. 2d 488 (E.D. Pennsylvania, 2010)
Levine v. WYETH INC.
684 F. Supp. 2d 1338 (M.D. Florida, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
816 So. 2d 1133, 2002 WL 530525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scheman-gonzalez-v-saber-mfg-co-fladistctapp-2002.