Terrebonne v. Goodman Mfg. Corp.

687 So. 2d 124, 1996 WL 744434
CourtLouisiana Court of Appeal
DecidedDecember 30, 1996
Docket96-CA-450
StatusPublished
Cited by11 cases

This text of 687 So. 2d 124 (Terrebonne v. Goodman Mfg. Corp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terrebonne v. Goodman Mfg. Corp., 687 So. 2d 124, 1996 WL 744434 (La. Ct. App. 1996).

Opinion

687 So.2d 124 (1996)

Reynold TERREBONNE and Geraldine Terrebonne,
v.
GOODMAN MANUFACTURING CORPORATION.

No. 96-CA-450.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 1996.

*126 Richard L. Ducote, New Orleans, for Plaintiffs-Appellees.

Scott G. Jones, New Orleans, for Defendant-Appellant.

Before GAUDIN, DUFRESNE and GOTHARD, JJ.

DUFRESNE, Judge.

This is an appeal by Goodman Manufacturing Corporation, defendant-appellant in this "defective design/failure to warn" action. Reynold Terrebonne, plaintiff-appellant, suffered a head injury when a packing strap on which he was tugging broke, causing him to fall off the side of a stationary truck. A jury awarded him 1.4 million dollars, reduced by 30% due to his own comparative fault. For the following reasons, we affirm that award.

The facts of the incident are these. Reynold Terrebonne had been employed for almost 20 years by Richard Brown, Sr., his father-in-law, in an air conditioning business. On June 7, 1990, plaintiff and Richard Brown, Jr. were preparing to go out on an installation job, and had loaded a utility type pick-up truck with heating and cooling units toward the front and ductwork and other equipment toward the rear. Before setting out, plaintiff realized that he had forgotten to get the serial number of a Goodman furnace for the inventory list. Because of the load, he was apparently unable to squeeze himself into any place in the truck from which he could see the number. Rather than partially unload the truck, he climbed up onto one of the side panel tool compartments to try to get the information from above. In a photograph admitted into evidence, Richard, Jr. demonstrated plaintiff's position on the tool compartment when he last saw him. The photograph shows that the top of the tool compartment is about as high as the top of the truck's cab, is about a foot wide, and has a pipe railing running along the outside edge about six inches from the top surface of the compartment. Plaintiff was standing on the inside of the rail with his heels toward it, and apparently fell backwards and head first to the ground.

Because of the injury to his head, plaintiff has no recollection of any of these events. Richard, Jr. testified that he saw plaintiff get up onto the truck and start pulling on a plastic type packing strap on the furnace to lean it over so he could get the number. At that point, he went into the shop and saw nothing further. When he heard hollering he came out of the shop and saw plaintiff on the ground. Kenneth Brown, Richard's brother, similarly testified. He said he saw plaintiff up on the truck pulling on the strap, and turned away. He heard a thud and when he looked back he saw plaintiff on the *127 ground a few feet from the truck. He immediately went to him and called for help.

Richard, Jr. also testified that after plaintiff had been taken to the hospital by ambulance, he looked in the truck and found that the packing strap on the Goodman unit was broken. He said that the break was not at the joint where the strap had been crimped, but rather along a straight run. He said he saw no reason then to keep the strap and so threw it away.

Plaintiff was taken to the hospital where he remained for four days. There was general agreement that upon admission he was incoherent and unable to recognize family members. The diagnosis at the time was that he had suffered a brain concussion, and a concussive injury to his left inner ear. At the time of trial in 1995, he was still being treated for almost constant headaches, dizzy spells, and personality and sexual disorders, all of which have effectively destroyed his relationships with his wife, step-children and friends.

Plaintiff sued Goodman, alleging basically that the design of the packaging used on the furnace was dangerous in that it was foreseeable that someone would use the strap to lift or move the unit, and that it might break and cause injury. He also alleged that Goodman knew, or should have known of this condition, but failed to warn users of this potential danger. A jury answered affirmatively a compound jury interrogatory which asked whether Goodman had breached its duty to plaintiff by either improperly designing the package or by failing to warn of its dangers. It awarded plaintiff the following items of damages:

General damages                      $875,000.00
Past medical expenses                  57,000.00
Future medical expenses                98,000.00
Past and future earnings              380,000.00
Loss of society (to wife)              90,000.00

These amounts were reduced by 30% due to plaintiff's comparative fault. The final judgment also included a reimbursement to the workers' compensation carrier of $114,663.71. Goodman now appeals.

The appellant asserts eight errors in the district court. In four of these, it contends basically that the jury was manifestly wrong in finding that the packaging was defective or that any warning was necessary; in a fifth assignment, it asserts that plaintiff should have been found 100% at fault; in a sixth, it contends that the trial judge erred in permitting numerous family members and friends to give cumulative testimony about plaintiff's pre- and post-accident conditions; and in the last two, it argues that the awards for general damages, future lost wages, and future medicals are excessive.

We take up the defective design/failure to warn questions first. The Louisiana Products Liability Act, La. R.S. 9:2800.51 et seq., sets forth the responsibilities of manufacturers who place goods into trade or commerce. Section 2800.54, imposes liability on a manufacturer when, upon leaving its control, its product is unreasonably dangerous because of its 1) construction or composition, 2) design, 3) lack of adequate warnings of dangers, or 4) failure to conform to express warranties, and the resulting injury arose from a reasonably anticipated use of the product. Sections 2800.56 and 2800.57, define defective design and failure to warn, respectively, and sec. 2800.57, also provides that a warning is not necessary if the ordinary user or handler would appreciate the danger, or if the user or handler knows or should know of the danger.

The facts concerning these issues are as follows. The furnace involved here appears from the photographs in evidence to be an upright piece of equipment about 18 inches square and perhaps four to four and one half feet high. Its weight was estimated at 150 pounds. Malcolm Southern, the Goodman employee who designed the packaging for the furnace, testified by way of deposition. He explained that this packaging consists of top and bottom heavy cardboard caps, and four "L" shaped cardboard corner protection pieces. The design is such that the furnace is placed on the bottom cap and the corner protection pieces are placed along the upright corners and slipped down into the corners of that cap. Next, the top cap is fitted over the four corner protection pieces and the top of the furnace. Southern said that originally the entire package was wrapped in clear plastic sheeting. Occasionally, however, *128 the sheeting would tear, thus allowing the top cap to come off. When that happened, the corner protection pieces would simply fall away. To remedy this problem, a plastic strap was wrapped vertically around the unit to hold the top and bottom caps together and thus maintain the integrity of the packaging. When asked about the possibility that these straps would be used in handling the units, he said that no consideration was given to this question.

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

Related

Liggio v. Popeye's Diversified Foods & Seasoning
113 So. 3d 392 (Louisiana Court of Appeal, 2013)
Clavier v. Roberts
783 So. 2d 599 (Louisiana Court of Appeal, 2001)
Krummel v. Bombardier Corp.
206 F.3d 548 (Fifth Circuit, 2000)
Lilley v. BOARD OF SUP'RS OF STATE UNIV.
735 So. 2d 696 (Louisiana Court of Appeal, 1999)
Labit v. DH Holmes Co., Ltd.
721 So. 2d 933 (Louisiana Court of Appeal, 1998)
Kampen v. American Isuzu
Fifth Circuit, 1998

Cite This Page — Counsel Stack

Bluebook (online)
687 So. 2d 124, 1996 WL 744434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terrebonne-v-goodman-mfg-corp-lactapp-1996.