Thomas v. Sport City, Inc.

738 So. 2d 1153, 1999 WL 395397
CourtLouisiana Court of Appeal
DecidedJune 16, 1999
Docket31,994-CA
StatusPublished
Cited by5 cases

This text of 738 So. 2d 1153 (Thomas v. Sport City, Inc.) 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
Thomas v. Sport City, Inc., 738 So. 2d 1153, 1999 WL 395397 (La. Ct. App. 1999).

Opinion

738 So.2d 1153 (1999)

Montey E. THOMAS, Plaintiff-Appellant,
v.
SPORT CITY, INC., Scottsdale Ins. Co. and Cobra Equipment Co., Inc., Defendants-Appellees.

No. 31,994-CA.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1999.
Rehearing Denied August 12, 1999.

McKeithen & Johnson by Anita D. McKeithen, Shreveport, Counsel for Appellant, Montey Thomas.

Davenport, Files & Kelly, L.L.P. by William G. Kelly, Jr., Monroe, Counsel for Appellees, Sport City & Scottsdale.

*1154 Mayer, Smith & Roberts, L.L.P. by John C. Turnage, Shreveport, Counsel for Appellee, Capps Welding.

Before BROWN, PEATROSS, and KOSTELKA, JJ.

BROWN, J.,

On March 17, 1992, plaintiffs ankle and foot were crushed while he was using a hack squat machine at the Sport City gym facility on Meriweather Road in Shreveport, Louisiana. The equipment had been purchased by Sport City from its manufacturer, Capps Welding, Inc. A bench trial in 1998 resulted in a judgment in favor of plaintiff awarding him general damages in the amount of $45,000 and special damages in the amount of $13,703.35. Comparative fault was assigned to the parties as follows: 30% to plaintiff; 35% to Sport City; and 35% to Capps Welding. Plaintiff has appealed and both Sport City and Capps Welding have answered the appeal. We reverse.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff, Montey E. Thomas, who was 28 years old at the time of the accident, had been a member of the Sport City health club for several years. He usually worked out at least four times each week and used the hack squat machine as part of his normal exercise routine.

This leg exercise machine is designed to allow the user to complete a full squat. Its frame is at a 45 degree angle. A back rest or carriage with shoulder pads at the top moves along the frame on rollers. Weights can be attached to the carriage. At the bottom is a rectangular footplate. The user, with his back against the carriage and shoulders pushing against the pads, presses the weighted carriage up with his legs and then back down.

Plaintiff had placed 180 lbs. of free weights on the carriage and completed his set. To get out of the machine plaintiff had to place the carriage in the up position and move a lever which extended a hook on the carriage over a peg on the frame. While this occurs behind the user, the operator can see the lever and feel the weight being secured. Believing that the hook had been properly engaged, plaintiff stepped back off the angled foot plate. Thus, at least one foot was initially underneath the carriage. The hook, which had not in fact been properly engaged, but was apparently resting on top of the peg, slipped off and the rack fell, crushing plaintiffs foot and breaking his ankle.

Plaintiff filed suit against Sport City, Inc., its insurer, Scottsdale Insurance Company, and the manufacturer, Capps Welding, Inc.[1]

DISCUSSION

Liability of Capps Welding

On appeal, all parties take issue with the trial court's liability determinations. We will first address whether the trial court erred in finding that the hack squat machine manufactured by Capps Welding was defective in its design.

As noted by this court in Johnson v. Black & Decker U.S., Inc., 29,996 (La. App.2d Cir.10/31/97), 701 So.2d 1360, writ denied, 97-2971 (La.02/06/98), 709 So.2d 741, a claimant who alleges defect by design under La. R.S. 9:2800.56 must prove three elements. First, he must prove that another way to design the product existed at the time it was placed on the market. Next he must show that the alternative design was significantly less likely to cause the accident, or that the alternative design would have significantly reduced the damage. Thirdly, the claimant must prove that, at the time the product left the manufacturer's control, the likelihood that the product as designed would cause the claimant's damage and the gravity of that damage *1155 outweighed the burden on the manufacturer of adopting the alternative design identified by claimant and the adverse effect, if any, this different design would have on the product's utility. This is the risk-utility balancing test. Johnson, supra, citing Halphen v. Johns-Manville Sales Corp., 484 So.2d 110 (La.1986); and Kennedy, A Primer on the Louisiana Products Liability Act, 49 La. L.Rev. 565 (1989).

The determination of whether a defect is unreasonably dangerous is a question of fact. Hines v. Remington Arms Co., 94-0455 (La.12/08/94), 648 So.2d 331; Johnson, supra; Taylor v. American Laundry Machinery, Inc., 27,121 (La. App.2d Cir.06/23/95), 658 So.2d 288, writ denied, 95-1877 (La.11/03/95), 661 So.2d 1385. As noted by this court in Sawyer v. Niagara Machine & Tool Works, Inc., 535 So.2d 1057 (La.App. 2d Cir.1988), writ denied, 536 So.2d 1222 (La.1989), each case is resolved primarily on its own particular facts. Factual findings of a trial court will not be disturbed absent manifest error. Powell v. Regional Transit Authority, 96-0715 (La.06/18/97), 695 So.2d 1326; Rosell v. ESCO, 549 So.2d 840 (La.1989); Johnson, supra.

Whether the hack squat machine in this case was unreasonably dangerous in design requires an understanding of the purpose or goal of the machine. Serious bodybuilders want a hack squat rack that allows them to do a full squat as opposed to a half or parallel squat. In order to do so, the carriage is built to slide to within three inches of the foot plate.[2] Safety devices such as springs or rubber stops would have prevented this full extension.

The court qualified four experts in this case. Plaintiff's experts were Richard Rogers, director of the Shreveport-Bossier YMCA, who was tendered as an expert in the administration of and purchase of equipment for a physical fitness center; and Dr. Kyle Pierce, director and coach for the USA Weightlifting Development Center at LSUS, who was accepted as an expert in weightlifting, strength training and the equipment used in both. We note that neither Rogers nor Dr. Pierce was qualified to testify about the design of the hack squat machine involved in this litigation.

With that important caveat, Richard Rogers testified that persons who use hack squat machines can do the same exercise and work the same muscle group with free weights. Rogers noted that hazardous situations are created by the misuse of free weights or weight machines. According to Rogers, there is a risk of injury that is accepted by a person who engages in a squat exercise. This risk is reduced when a person uses good judgment and is not reckless.

When questioned about the hack squat machine upon which plaintiff was injured, Rogers admitted that if the hook is properly engaged, then the carriage will not fall. Rogers noted that the hack squat machine is designed so a user can squeeze the two handles together to determine whether the carriage is locked. Also, a person (like plaintiff) who had used the machine hundreds of times should have a "pretty good feel" for the equipment. Rogers further testified that it is the operator's responsibility to make sure that a machine is safely or properly secured. Finally, Rogers conceded that the hack squat machine is designed so that had it been properly operated by plaintiff, the accident would not have occurred.

Dr. Kyle Pierce noted that the utility of the hack squat machine made by Capps is that it allows a full squat. As did Rogers, Dr. Pierce testified that a weightlifter is ultimately responsible for his own safety. Dr.

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Bluebook (online)
738 So. 2d 1153, 1999 WL 395397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-sport-city-inc-lactapp-1999.