Sexton ex rel. Sexton v. Bell Helmets, Inc.

926 F.2d 331, 1991 U.S. App. LEXIS 1562, 1991 WL 10817
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 5, 1991
DocketNo. 90-2066
StatusPublished
Cited by9 cases

This text of 926 F.2d 331 (Sexton ex rel. Sexton v. Bell Helmets, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sexton ex rel. Sexton v. Bell Helmets, Inc., 926 F.2d 331, 1991 U.S. App. LEXIS 1562, 1991 WL 10817 (4th Cir. 1991).

Opinion

NIEMEYER, Circuit Judge:

At dusk on December 27, 1984, in rural Kentucky, Chad Sexton, 13, was riding an off-road motorcycle (or “dirt bike”) when he collided with his friend, Jackie Boggs, who was also riding a motorcycle, coming from the opposite direction. Sexton and Boggs were each traveling about 35 miles per hour, and after the collision Sexton was propelled 183 feet from the point of impact. He sustained a closed-head injury and brain damage causing quadriparesis.

At the time of the accident, Sexton was wearing a helmet manufactured by Bell Helmets, Inc., which had been purchased from a retailer in West Virginia over three years earlier, in May 1981, by his mother for his brother. The Bell helmet remained on Sexton’s head throughout the accident without apparent damage except for scrape marks. Sexton and his parents sued Bell on theories of strict liability, negligence, and breach of warranty, alleging that the helmet was defectively designed and that the warning given on the helmet was inadequate. Sexton, the only remaining plaintiff at the time of trial, contends that the liner of the helmet did not crush adequately to absorb the energy from the impact and that the warning failed to disclose that the helmet was designed for an average adult, rather than a child.

From a jury verdict in favor of Sexton in the amount of $1,551,381, Bell appeals, contending (1) that the trial court improperly failed to instruct the jury on an applicable statutory presumption; (2) that the trial court improperly refused to strike plaintiff’s expert testimony and to grant defendant’s motion for a directed verdict; and (3) that the court erred in refusing to find Sexton contributorily negligent as a matter of law. For the reasons that follow, we vacate the judgment and remand the case for a new trial.

I

Jurisdiction rests on diversity of citizenship, and the trial court determined that the controlling substantive law is that of Kentucky, a determination with which none of the parties takes issue.

Bell contends that the district court erred in refusing to instruct the jury on a presumption created by the Product Liability Act of Kentucky, Ky.Rev.Stat.Ann. (K.R.S.) §§ 411.300 et seq. (Michie 1990). The relevant portion of that act provides:

In any product liability action, it shall be presumed, until rebutted by a preponderance of the evidence to the contrary, that the product was not defective if the design, methods of manufacture, and testing conformed to the generally recognized and prevailing standards or the [333]*333state of the art in existence at the time the design was prepared, and the product was manufactured.

K.R.S. § 411.310(2). Bell points out that at the time of the helmet’s design in 1979 and its manufacture in 1980, three industry standards for the manufacture of helmets existed: (1) the American National Standards Institute Specifications for Protective Headgear for Vehicular Users, Z90.1-1971 (the ANSI Z90 standard); (2) the Federal Motor Vehicle Safety Standards and Regulations for Motorcycle Helmets No. 218 (FMVSS No. 218, also called the DOT standard); and (3) the Snell Memorial Foundation Standard for Protective Headgear 1975 (the Snell 75 standard). The parties agree that the helmet worn by Sexton complied with these standards and that there were no other standards applicable. Bell argues, therefore, that application of the presumption created by the Kentucky statute “required a verdict for Bell” and that the jury should have been so instructed. Brief of Appellant at 13 (emphasis added).

Despite Bell’s argument to the contrary, the Kentucky statute does not provide that if Bell’s product complied with applicable standards, Bell would be entitled to a judgment on a claim that the product was defective. Rather, the statute creates a presumption, which, in the absence of evidence to the contrary, will prevail. In this case, the district court concluded that substantial evidence had been presented that the product was defective, and therefore the presumption was no longer a matter to be considered. Having “burst the bubble” by the introduction of evidence, the plaintiff was entitled to have the question decided on the evidence, and the presumption was no longer applicable. See Mason v. Commonwealth, 565 S.W.2d 140, 141 (Ky.1978) (quoting McCormick’s Handbook of the Law of Evidence § 345, at 821 (2d ed. 1972)).

We can perceive no reason why the trial court would ever have need to instruct the jury on this statutory presumption. If a plaintiff fails to rebut the presumption “by a preponderance of the evidence to the contrary,” a verdict will be directed that the product was “not defective.” K.R.S. § 411.310(2). On the other hand, if a plaintiff rebuts the presumption, the issue of whether the product was defective will be submitted to the jury on the evidence. For this reason the Kentucky courts have not generally permitted advising the jury of any presumptions except in a narrow set of circumstances not applicable here. See Lowe v. McMurray, 412 S.W.2d 571, 574 (Ky.1967) (general prohibition against instructing jury as to questions of law or fact); Mason, 565 S.W.2d at 141 (jury should not be informed of presumption of sanity in criminal cases). But cf. Wells v. Commonwealth, 561 S.W.2d 85, 86 (Ky.1978) (particular statute involving expert testimony creates a presumption of fact and jury may be informed of it).

This analysis prompts us to question the utility of such a statutory presumption, because a defendant always carries a presumption in his favor when the burden of proof is placed on the plaintiff. If the plaintiff fails to present substantial evidence to prove his case that a product was defective, the court will direct the verdict; if the plaintiff presents substantial evidence that carries him over the directed verdict threshold, the evidence will take the case to the jury and, at the same time, overcome the presumption created by the statute. The standard for rebutting the presumption under the statute, i.e., by introduction of evidence that shows a defect by a preponderance of the evidence, see K.R.S. § 411.310(2), is the same as that which makes out a prima facie case for the plaintiff.

Other courts have shared our puzzlement over the need for the statute as presently drafted. See Anderson v. Black & Decker (U.S.), Inc., 597 F.Supp. 1298, 1301 n. 3 (E.D.Ky.1984); Ingersoll-Rand Co. v. Rice, 775 S.W.2d 924, 928 (Ky.Ct.App.1988); see also J.A. 491, 499-500. If the statute was intended to mean what Bell contends, i.e., that the presumption is irre-buttable, then the legislature of Kentucky will have to address the issue and modify the language of the statute. Under the statute in its present form, however, we cannot say that the district court erred in [334]*334refusing to instruct the jury regarding the presumption.

II

Bell also contends that the testimony of Dr. Kenneth Saczalski and Dr. Loma Mid-dendorf, plaintiffs experts who testified that the helmet was defectively designed and that the warning was inadequate, should have been stricken.

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Chad Sexton v. Bell Helmets, Inc.
926 F.2d 331 (Fourth Circuit, 1991)

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Bluebook (online)
926 F.2d 331, 1991 U.S. App. LEXIS 1562, 1991 WL 10817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sexton-ex-rel-sexton-v-bell-helmets-inc-ca4-1991.