Slaughter v. R.D. Werner Co.

25 Pa. D. & C.4th 518, 1995 Pa. Dist. & Cnty. Dec. LEXIS 177
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJune 28, 1995
Docketno. 2065
StatusPublished

This text of 25 Pa. D. & C.4th 518 (Slaughter v. R.D. Werner Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slaughter v. R.D. Werner Co., 25 Pa. D. & C.4th 518, 1995 Pa. Dist. & Cnty. Dec. LEXIS 177 (Pa. Super. Ct. 1995).

Opinion

GOLDMAN, J,

I.

On June 29, 1988, plaintiff Wayne Slaughter was employed as a service technician for Bell of Penn[520]*520sylvania. He had worked in this capacity for 18 years and frequently used fiberglass extension ladders in carrying out his job duties. (N.T. 79-81.) On June 29, 1988, Mr. Slaughter was using a 24 foot fiberglass extension ladder manufactured by defendant R.D. Werner Company. The ladder’s fiberglass side rails were manufactured by Morrison Molded Fiberglass Company.

On June 29, 1988, Mr. Slaughter was repairing a phone line for the Bartram Village Housing Authority. (N.T. 86.) He was standing on the ladder when the fiberglass rails broke causing the ladder to collapse. (N.T. 99.) Mr. Slaughter fell to the ground and sustained serious ankle injuries. (N.T. 100.) The injuries resulted in eight operations including a grafting procedure. He never returned to his job as a service technician and did not work at all after April 1992. (N.T. 113, 118.)

Plaintiffs instituted this suit against Werner and Morrison alleging that the subject ladder was defectively designed.1 They contended inter alia that the ladder’s brackets, manufactured by Werner, cut into the fiberglass side rails causing them to break. Plaintiff Wayne Slaughter sought damages for his ankle injuries and loss of wages and employment. Plaintiff Deborah Slaughter sought damages for loss of consortium.

Ajury trial was held from October 14,1994 to October 21,1994. The jury returned a verdict in favor of plaintiffs awarding $1,440,535 to Wayne Slaughter and $60,000 to Deborah Slaughter. The court entered an order on November 30,1994 adding delay damages of $369,120 to Wayne Slaughter’s award and molding the total verdict to $1,869,655.

Defendant timely filed post-trial motions. It contends that it is entitled to a new trial for the following reasons: [521]*521(1) the court erred in not allowing defendant to prove that it manufactured the ladder according to Bellcore’s specifications (2) the court erred in not allowing defendant to present evidence of statements contained in Mr. Slaughter’s hospital emergency report (3) the court improperly allowed plaintiffs’ expert to testify about matters outside the scope of the expert’s reports and (4) the court erred in its charge. Defendant also petitions this court for a remittitur arguing that plaintiffs’ economic expert used an inaccurate method to calculate Mr. Slaughter’s future wage loss. Lastly, defendant contends that it is entitled to judgment notwithstanding the verdict because plaintiffs presented insufficient evidence to prove that the ladder was defective. As discussed more extensively below, defendant’s post-trial motions were denied.

II.

It is well-settled law that it is in the trial court’s sound discretion whether to grant a new trial. Dom v. Stanhope Steel Inc., 368 Pa. Super. 557, 581, 534 A.2d 798, 810 (1987), allocatur denied, 518 Pa. 656, 544 A.2d 1342 (1988). A new trial is proper when the trial court “believes the verdict was against the weight of the evidence and resulted in a miscarriage of justice.” Thompson v. City of Philadelphia, 507 Pa. 592, 598, 493 A.2d 669, 672 (1985). However, a mere conflict in testimony is not grounds for a new trial. Id. Further, the court may grant a new trial when it committed an error of law which affected the outcome of the case. Pollock Industries Inc. v. General Steel Castings Corp., 203 Pa. Super. 453, 201 A.2d 606, 612 (1964). In light of the above standards, defendant was not entitled to a new trial.

A.

Defendant first argues that the court erred in not allowing evidence that defendant manufactured the allegedly defective ladder in accordance with the speci[522]*522fications of Bellcore, the technical division of the Bell companies. The jury heard evidence that Bell Atlantic, Mr. Slaughter’s employer, purchased the subject ladder from defendant. However, the jury did not hear evidence that Bellcore provided the design specifications for the ladder. Defendant argues that since plaintiffs alleged that the ladder was defectively designed, the refusal of this evidence was prejudicial error warranting a new trial. This argument must fail.

It is well established in this Commonwealth that a manufacturer is strictly liable for injuries caused by a defect in its product. See e.g., Berkebile v. Brantly Helicopter Corp., 462 Pa. 83, 93, 337 A.2d 893, 898 (1975) (discussing history and policy behind strict products liability). Further, a manufacturer is essentially the guarantor of its product’s safety. Salvador v. Atlantic Steel Boiler Co., 457 Pa. 24, 32, 319 A.2d 903, 907 (1974). Finally, the Pennsylvania courts have repeatedly held that negligence issues are not proper inquiries in a strict liability action. Berkebile, supra at 94-95, 337 A.2d at 899. Based on these principles, the court properly disallowed evidence regarding defendant’s reliance on the Bellcore specifications.

As plaintiffs argue, this evidence would have impermissibly involved negligence issues. A review of the Bellcore specifications would have led to an analysis of defendant’s reasonableness in relying on the designs. This examination would have violated the Supreme Court’s mandate against “injecting negligence concepts into strict liability theory.” Berkebile, supra at 94, 337 A.2d at 899. Further, a primary theory behind strict liability is that sellers and manufacturers are in the best position to bear the risk of loss for injuries caused by their defective products. Walton v. Avco Corp., 530 Pa. 568, 575, 610 A.2d 454, 458 (1992). Allowing the manufacturer to present a defense which would have shifted the risk away from itself would have undermined a basic theory of strict products liability.

[523]*523Moreover, as the court noted in its ruling on plaintiffs’ motion in limine to preclude the introduction of defendant’s reliance on the Bellcore specifications, there is no Pennsylvania authority holding that complying with design specifications is a defense. (N.T. 21, 179-80.) In the absence of such authority, it would be improper to introduce a new defense into the strict liability arena. Although in its brief defendant points to several cases which it contends support its position, these cases are unpersuasive.

Defendant first relies on Carter v. Joseph Bancroft & Sons Co., 360 F. Supp. 1103 (E.D. Pa. 1973) for the proposition that a product’s designer can be held liable for injuries caused by a defect in the product. In Carter, the defendant was not the manufacturer of the product, a dress, but the company whose name appeared on the dress’ label. Id. at 1105. The label identified the defendant as the company who “prescribed and controlled” the quality standards and specifications of articles bearing its trademark. Id. at 1 106. The plaintiff sued the defendant after the dress caught on fire. Id. at 1105.

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25 Pa. D. & C.4th 518, 1995 Pa. Dist. & Cnty. Dec. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-rd-werner-co-pactcomplphilad-1995.