Uniroyal Goodrich Tire Co. v. Hall

681 So. 2d 126, 1996 Ala. LEXIS 107, 1996 WL 222368
CourtSupreme Court of Alabama
DecidedMay 3, 1996
Docket1921945
StatusPublished
Cited by2 cases

This text of 681 So. 2d 126 (Uniroyal Goodrich Tire Co. v. Hall) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Uniroyal Goodrich Tire Co. v. Hall, 681 So. 2d 126, 1996 Ala. LEXIS 107, 1996 WL 222368 (Ala. 1996).

Opinion

681 So.2d 126 (1996)

UNIROYAL GOODRICH TIRE COMPANY
v.
Jackie Darryl HALL.

1921945.

Supreme Court of Alabama.

May 3, 1996.
Rehearing Denied September 6, 1996.

G. Rick Hall of Bradley, Arant, Rose & White, Huntsville, for Appellant.

K. Rick Alvis and Roger L. Lucas of Lucas, Alvis, Kirby & Wash, P.C., Birmingham, for Appellee.

PER CURIAM.

Uniroyal Goodrich Tire Company appeals from a judgment awarding Jackie Darryl Hall $1,025,000 in compensatory damages on Hall's claim that he was injured as a result of an explosive rupture of a tire manufactured by B.F. Goodrich Company. We reverse and remand.

On August 8, 1991, Jackie Darryl Hall and several co-workers were using a gooseneck trailer to haul cattle; the trailer experienced a blowout of one of the trailer tires. They drove a short distance to a shop, where they removed the tire and attempted to replace it with a 16-inch light truck tire. It is undisputed that the wheel rim, manufactured by the Budd Company and distributed by Ford Motor Company, did not have its size stamped on it; however, it was a 16.5-inch wheel rim. A 16-inch tire should be mounted on a 16-inch wheel rim. An attempt to *127 mount a tire of one size onto a wheel rim of a different size is known in the industry as a "mismatch." Not knowing that the wheel and rim were different sizes, Hall attempted to mount the mismatched tire onto the rim; the tire exploded. The tire had the following warning on the sidewall:

"SAFETY WARNING Serious injury may result from tire failure due to underinflation/overloading. Follow owner's manual or tire placard in vehicle. Explosion of tire/rim assembly due to improper mounting. Never exceed 40 psi when seating beads. Mount only on 16-inch rims. Only specially trained persons should mount tires. Use only rims designated by the wheel manufacturer as suitable for radial tires."

Apparently, upon inflating the tire, two or three inches of the tire "would not `pop out' or `bead out' against the flange of the wheel." Appellant's brief, page 9.

"The tire was then removed from the mounting machine and placed on the ground. It was deflated, and oil was applied around the rim edge and the tire bead. Leaving the tire lying unrestrained on the ground, it was then inflated again, but bead seat was still not obtained. The tire was then gauged and found to contain between 38 and 40 psi."

Appellant's brief, page 9. (Citations to the record omitted.) More air was added to the tire. The tire exploded, causing substantial injury to the plaintiff's left leg and left arm.

Hall sued the manufacturer of the wheel rim, the Budd Company; the distributor of the wheel rim, Ford Motor Company; and the tire manufacturer, B.F. Goodrich Company, alleging negligence and wantonness and claiming liability under the Alabama Extended Manufacturer's Liability Doctrine. He later amended his complaint to add as defendants Steve Worscham, individually and d/b/a/ B & S Grocery, the operator of the shop where the accident occurred. The trial court entered a summary judgment in favor of Worscham. Budd and Ford Motor Company settled with Hall for $450,000, and they are not parties to this appeal. The jury returned a verdict against B.F. Goodrich in the amount of $825,000. Pursuant to a pretrial agreement between the parties relating to several evidentiary and set-off issues, the trial court increased the award by $200,000, to $1,025,000.[1]

B.F. Goodrich appealed from the resulting judgment. It contends that the trial court erred in charging the jury that contributory negligence was not a defense to Hall's AEMLD claim. We agree. Because that error requires that we reverse and remand, we pretermit discussion of the appellant's other arguments.

The trial judge charged the jury as follows:

"The defendant also claims that the plaintiff was guilty of negligence which proximately contributed to the alleged injuries. Contributory negligence is a defense to actions based upon negligence. Contributory negligence as it relates to accident causation is not a legal defense to the plaintiff's cause of action based upon the Alabama Extended Manufacturer's Liability Doctrine."

R.T. at 852. Later, the trial judge stated:

"I charge you members of the jury, that plaintiff's claim, or one of plaintiff's claims is brought under the Alabama Extended Manufacturer's Liability Doctrine and it is the law that the manufacturer, supplier or seller who markets a product which is in a condition unreasonably dangerous to the ultimate user or consumer when placed on the market and which remains in substantially the same condition until used by the ultimate user is liable to one who may be reasonably expected to use or be affected by such product when used for its intended use and who is injured as a proximate consequence of the unreasonably dangerous product.
"The burden is upon the plaintiff to reasonably satisfy you by the evidence of the truthfulness of all the material averments of his claim before he would be entitled to recover. If the plaintiff has reasonably *128 satisfied you by the evidence of the truthfulness of each element of his claim, he is entitled to recover, unless the defendant has proven an affirmative defense.
"If the plaintiff has not reasonably satisfied you by the evidence of the truthfulness of each element of his claim, then he is not entitled to recover.
"I further charge you that with respect to the defendant's defenses of assumption of the risk, contributory negligence and misuse of the tire, these are known in the law as affirmative defenses and the defendant has the burden of proof with respect to these defenses, that is the burden is on the defendant to reasonably satisfy you by the evidence of the truthfulness of these defenses.
"Under the Alabama Extended Manufacturer's Liability Doctrine, the plaintiff charges that: (1) He suffered injury to himself (2) by one, that is, the defendant, who sold a product in a (3) defective condition unreasonably dangerous, (4) to him as the ultimate user or consumer and (5) that the seller was engaged in the business of selling such a product and that (6) the product was expected to, and did, reach the user or consumer without substantial change in the condition in which it was sold.
". . . .
"I have already charged you, that if you are reasonably satisfied that plaintiff has met the burden of proving the material allegations or elements of this claim under the Alabama Extended Manufacturer's Liability Doctrine, you will consider the following affirmative defenses asserted by the defendant, and again the defendant has the burden of proving each of the essential elements of these defenses to your reasonable satisfaction.
"The defendant denies that the product was in a defective condition, but in the event the jury finds that the product was in a defective condition, then, in that event, the defendant charges that the user, that is, the plaintiff, was award of the danger or should have been aware of the danger, and nevertheless proceeded unreasonably to make use of the product and as a proximate result thereof the plaintiff suffered his injuries.
"The defendant claims that the plaintiff was guilty of negligence which proximately contributed to the alleged injury.

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Cite This Page — Counsel Stack

Bluebook (online)
681 So. 2d 126, 1996 Ala. LEXIS 107, 1996 WL 222368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/uniroyal-goodrich-tire-co-v-hall-ala-1996.