Western Surety & Casualty Co. v. General Electric Co.

433 N.W.2d 444, 1988 Minn. App. LEXIS 1272, 1988 WL 136718
CourtCourt of Appeals of Minnesota
DecidedDecember 27, 1988
DocketC7-88-949
StatusPublished
Cited by7 cases

This text of 433 N.W.2d 444 (Western Surety & Casualty Co. v. General Electric Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Western Surety & Casualty Co. v. General Electric Co., 433 N.W.2d 444, 1988 Minn. App. LEXIS 1272, 1988 WL 136718 (Mich. Ct. App. 1988).

Opinion

OPINION

WOZNIAK, Chief Judge.

Plaintiff Elroy Pinkert commenced an action against respondent General Electric Company (GE) for strict liability, negligent design, and breach of an implied warranty of fitness for a particular purpose and an implied warranty of merchantability for injuries suffered in an alleged explosion of a GE 6014 headlight in his 1978 Ford Fiesta. Pinkert’s wife also asserted claims.

Appellant Western Casualty and Surety (Western) paid its insured, Pinkert, approximately $50,000 in economic loss benefits under Minnesota’s No-Fault Automobile Insurance Act. Western asserted its sub-rogation rights and intervened as a party plaintiff. After the Pinkerts and GE settled, Western proceeded as the sole plaintiff.

The trial court granted GE’s motion for directed verdict after Western’s case in chief. Western appeals from the judgment in favor of GE, but challenges only the trial court’s directed verdict on the strict products liability cause of action. We affirm.

FACTS

Elroy Pinkert purchased a 1978 Ford Fiesta in the summer of 1983. The car’s headlights apparently were installed in 1978. Pinkert did not testify as to who sold him the car or about how many people had owned the car previously. Pinkert also did not testify about whether the headlight underwent any unusual abuse under his ownership or that of the previous owners.

On January 12, 1984, when he stopped at a gas station on his way to work, Pinkert noticed the right headlight of his 1978 Ford Fiesta was not working. He testified he tapped the light, it came on, and he went into the station.

On his way out of the station, Pinkert noticed the light was out again. He testified that he tapped the center of the light three or four times, tapping with the tips of his fingers. After the last tap, the light “exploded.” He stated that he had never had any problems with the light, nor had he ever seen any cracks or chips in it. He did not indicate whether the headlight had ever been changed.

Both Pinkert and Dr. Bruce Cunningham, a plastic surgeon, testified that Pin-kert suffered extensive injuries to his wrist. Dr. Cunningham testified that a crushing or widely distributed force caused partial or complete severance of the tendons on the palm side of Pinkert’s right wrist. The station attendant also testified that Pinkert returned to the store with a bloody wrist.

*446 Dr. William Bauer, a glass expert, testified on Western’s behalf about the forces which cause glass to break. He testified that glass breaks when subjected to tension, but withstands compression very well because tension pulls glass apart while compression pushes it together. Bauer stated that when a person presses on glass, compression occurs on the surface and tension occurs on the underside of the glass.

According to Bauer, the cooling or “annealing” process affects tensile strength (the ability of glass to resist breakage) by sometimes allowing formation of bubbles or sags in the seal between the light and its reflector. When tensile strength is exceeded, glass breaks from the underside. By piecing the remains together and by examining the direction of the fracture movement, one can determine the origin of the failure and the side of the glass that was under tension. Contamination by solid particles also may affect tensile strength.

Bauer then testified regarding several photographs of the remains of the Pinkert headlight. Bauer identified an area of origin of failure, but not the origin, because the pieces from the origin were missing. From two pictures, he concluded that the direction and type of force near the failure indicated the fracture occurred on the underside of the glass near the seal, but he was not certain whether the fracture actually started in the lens, the seal, or the reflector. In addition, Bauer identified a bubble in the seal, a sag and a cluster of bubbles in the seal, and red particles throughout the light. The sag, bubbles, and red particles were not in the headlight’s area of failure. Bauer believed these “anomalies,” not found in a normal headlight, were present at manufacture. He stated that the types of anomalies in the Pinkert headlight were such that they could have been the origin in a different headlight under different circumstances.

Bauer testified that to a reasonable degree of engineering certainty, each “defect” was enough to cause a fracture from a concentration of the light’s inherent thermal stresses. He believed that the “defects,” combined with excessive thermal stresses caused by improper annealing and Pinkert’s “modest tap,” if found in the area of origin, could have caused the glass to break. He also testified that to a reasonable degree of engineering certainty, the thermal stresses and the stresses caused by a defect could have resulted in some of the glass fragments propelling out of the headlight. Bauer admitted on cross-examination, however, that, by “defect,” he meant any discontinuity, imperfection, or irregularity in the headlight. He stated that by “defect” he meant anything that should not be in the headlight. He did not use the word defect in a legal sense.

Upon GE’s motion, the trial court directed a verdict in favor of GE after Western's case in chief. On appeal, Western argues that the trial court based its decision to grant a directed verdict in favor of GE on the court’s belief that there was insufficient proof on the issue of defect. GE argues that the trial court correctly granted a directed verdict because Western failed to establish a prima facie case of strict products liability.

ISSUE

Did the trial court err in granting a motion for directed verdict against appellant because appellant failed to establish a pri-ma facie case of strict products liability?

ANALYSIS

Standard of Review

The motion for directed verdict is a question of law regarding the sufficiency of the evidence to present a fact question for the jury. Plutshack v. University of Minnesota Hospitals, 316 N.W.2d 1, 5 (Minn.1982). At trial, a directed verdict is appropriate when the evidence, taken as a whole and viewed in the light most favorable to the adverse party, would mandate the trial court to set aside a contrary verdict as manifestly against the weight of the evidence. Nelson v. Wilkins Dodge, Inc., 256 N.W.2d 472, 475 (Minn.1977). On appeal, an appellate court must apply the same standard. Plutshack, 316 N.W.2d at 5. The appellate court must treat the adverse *447 party’s evidence as credible, and draw all reasonable inferences from that evidence. Wohlfeil v. Murray Machinery, Inc., 344 N.W.2d 869, 872 (Minn.Ct.App.1984). Even viewing the evidence in the light most favorable to Western, we agree with the trial court that Western did not present the evidence necessary to sustain a cause of action for strict products liability.

Strict Products Inability

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Bluebook (online)
433 N.W.2d 444, 1988 Minn. App. LEXIS 1272, 1988 WL 136718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-surety-casualty-co-v-general-electric-co-minnctapp-1988.