State Auto Mutual Ins. v. Chrysler Corp.

304 N.E.2d 891, 36 Ohio St. 2d 151, 65 Ohio Op. 2d 374, 1973 Ohio LEXIS 296
CourtOhio Supreme Court
DecidedDecember 19, 1973
DocketNo. 72-918
StatusPublished
Cited by118 cases

This text of 304 N.E.2d 891 (State Auto Mutual Ins. v. Chrysler Corp.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Auto Mutual Ins. v. Chrysler Corp., 304 N.E.2d 891, 36 Ohio St. 2d 151, 65 Ohio Op. 2d 374, 1973 Ohio LEXIS 296 (Ohio 1973).

Opinion

CoerigaN, J.

Appellant propounds four propositions of law. The first three propositions deal with the degree of proof necessary to bring products liability actions within the purview of the jury for a determination as to the extent of the manufacturer’s and dealer’s liability under their warranty obligations and the proof necessary to establish liability for negligent repair. Appellant’s fourth proposition relates to the trial court’s discretion in imposing sanctions under Civ. R. 37. Since this latter issue is procedural and ancillary to the primary issue involved' in this action, it will be disposed of first.

[155]*155I

Appellant maintains that the trial court abused its discretion in not entering a default judgment against the ap-pellees as a Civ. R. 37 sanction, since, appellant alleges, its interrogatories were evasively answered and its request for production under Civ. R. 34 was ignored for a considerable length of time.

Civ. R. 37 permits a party to move for an order compelling an answer, or an order compelling inspection in accordance with a request, and requires the court to award expenses to the moving party if the motion is granted. Civ. R 37 also designates other sanctions and orders which the trial court may, in its discretion, make if a party fails to comply with a Civ. R. 37 order.

In this case, it appears from the record that appellant failed to move for such an order under Civ. R. 37. Further, it is apparent that appellant, in its motion for the production of objects for inspection, under Civ. R. 34, failed to designate any time period for response and inspection.

The trial court, confronted with those circumstances, and the later production during trial of a brake hose of doubtful identity, exercised its discretion and assessed costs against appellee Chrysler Corporation for its failure to fully answer the interrogatories and for the delayed presentation of dubious evidence. Also, the trial court offered appellant a continuance for the purpose of inspecting the brake hose in question, which offer appellant declined.

Those facts indicate an attempt by the trial court to insure fairness to all parties in the conduct of the trial. Appellant failed to avail itself of the remedies provided by the Ohio Rules of Civil Procedure and the trial court. There is no showing that the trial court abused its discretion in limiting its sanction to an assessment of costs against the appellee. Appellant’s fourth proposition of law is, therefore, overruled.

n

In its first proposition of law, appellant contends that the failure of the braking system on a 77-day-old truck, due to the rupture of a right-front brake hose, raises a [156]*156jury question as to whether the truck was defective when manufactured and/or sold.

The present case was brought upon the theory of strict liability. Appellant maintains in its brief:

“The time has come, in the slow and orderly development of the law of products liability in the state of Ohio, for this court to clearly enunciate the ‘practical equivalent of the doctrine of res ipsa loquitur’ to be applied in products cases.”

In cases involving strict liability, the theory of plaintiff’s case, proof of negligence is not required, and the doctrine of res ipsa loquitur is applicable only insofar as it allows a jury to infer negligence once a plaintiff has met his burden of proof. Prosser, Law of Torts (4 Ed.), 673, Section 103. That burden of proof, as stated by this court in Lonzrick v. Republic Steel Corp. (1966), 6 Ohio St. 2d 227, consists of plaintiff’s alleging and proving, by a preponderance of the evidence, that: (1) There was, in fact, a defect in the product manufactured and sold by the defendant; (2) such defect existed at the time the product left the hands of the defendant; and (3) the defect was the direct and proximate cause of the plaintiff’s injuries or loss.

The evidence admitted at trial establishes that the brake failure was caused by a leakage of brake fluid from a hole in the right-front brake line, which was original equipment on the vehicle and had not been tampered with. There was also evidence indicating that the hole had not been caused by the accident itself, but there was no evidence to indicate that the hole in the hose was not caused by some prior external force.

Professor Prosser, at page 672, points out that a defective condition may be proved by circumstantial evidence, where such evidence makes out a preponderance of probability that the accident was cause by a defect and not other possibilities, although it is not necessary in a civil action to eliminate all other possibilities, See, also, Vandagriff v. J. C. Penney Co. (1964), 228 Cal. App. 2d 579, 39 Cal. Rptr. [157]*157671; Schafer v. Wells (1961), 171 Ohio St. 506, 511; and Landon v. Lee Motors (1954), 161 Ohio St. 82.

We conclude, therefore, that, even absent the testimony of the automobile mechanic, appellant introduced sufficient circumstantial evidence to avoid a directed verdict on the issue of the existence of a defect in the right-front brake hose at the time it passed out of the control of appellees. Accordingly, as to appellant’s first proposition of law, the judgment of the Court of Appeals is reversed.

III

In regard to appellant’s second proposition of law, that a prima facie case of negligent repair is presented by the failure of the right-front brake hose, 16 days after replacement of the right-front brake drum and shoes, there is no evidence in the record that appellee Anstaett Dodge had occasion or cause to examine the brake hose during the repair work on the drum and linings. The record indicates tjiat the backing plate, to which the right-front brake hose was attached, had never been removed. The record also contains evidence that, during the repair work, the master cylinder fluid reservoir was found to be full, negating any reason to suspect leakage in the hoses.

Paragraph seven of the syllabus in Landon v. Lee Motors, supra (161 Ohio St. 82), states the applicable Ohio rule in regard to the liability of a dealer who undertakes to repair a motor vehicle:

“One who contracts to repair or service an automobile is liable for any damage proximately resulting from the negligent or unskillful manner in which he makes the repairs or performs the services, but such repairman is not liable for an alleged failure to discover a latent defect, unless the evidence shows that he undertook to discover such defect and negligently failed to do so.”

The Court of Appeals is affirmed as to the second proposition of law.

IV

Appellant’s third' proposition of law is that:

“Opinion evidence regarding the defectiveness of the specific part of a braking system which failed is not re[158]*158quired to raise a jury question as to the failure of a truck to be fit for the purpose intended.”

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Cite This Page — Counsel Stack

Bluebook (online)
304 N.E.2d 891, 36 Ohio St. 2d 151, 65 Ohio Op. 2d 374, 1973 Ohio LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-auto-mutual-ins-v-chrysler-corp-ohio-1973.