Willis v. Medders

765 So. 2d 1093, 99 La.App. 4 Cir. 2170, 2000 La. App. LEXIS 1635, 2000 WL 722278
CourtLouisiana Court of Appeal
DecidedMay 24, 2000
DocketNo. 99-CA-2170
StatusPublished
Cited by1 cases

This text of 765 So. 2d 1093 (Willis v. Medders) 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
Willis v. Medders, 765 So. 2d 1093, 99 La.App. 4 Cir. 2170, 2000 La. App. LEXIS 1635, 2000 WL 722278 (La. Ct. App. 2000).

Opinion

I,KIRBY, Judge.

Plaintiffs, Helen and Lewis Willis, appeal the trial court’s judgment granting summary judgment in favor of defendant Ford Motor Company and dismissing plaintiffs’ claims.

On August 29, 1989, Lewis Willis was injured when the Ford truck in which he was a passenger collided with a vehicle driven by David Medders. Plaintiffs filed suit against Medders, his employer, McDougall Company, and the manufacturer of the truck, Ford Motor Company. McDougall filed a third party demand against Gerald Wells, the driver of the truck in which Willis was riding, and Wells’ insurer, State Farm Mutual Automobile Insurance Company. Fidelity and Casualty Company of New York, the workers’ compensation insurer of Willis’ employer that paid benefits to Willis, intervened in this lawsuit.

All claims in this matter were settled, except for plaintiffs’ claim against Ford. Ford filed a motion for summary judgment on the issue of liability. The trial judge granted summary judgment in favor of Ford and dismissed plaintiffs’ claims against Ford.1 Plaintiffs filed a motion for new trial, which was denied by the trial [¡judge. Plaintiffs now appeal, arguing that the trial judge erred in granting summary judgment in favor of Ford.

Summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact, and that the mover is entitled to judgment as a matter of law. La. C.C.P. Art. 966. Article 966 was amended in 1996, but the burden of proof remains with the mover to show that no genuine issue of material fact exists. If, as here, the mover will not bear the burden of proof at trial, his burden on the motion does not require him to negate all essential elements of the plaintiffs claim, but rather to point out that there is an absence of factual support for one or more elements essential to the claim. La. C.C. art. 966 C(2); Fairbanks v. Tulane University, 98-1228 (La.App. 4 Cir. 3/31/99), 731 So.2d 983. After the mover has met its initial burden of proof, the burden shifts to the non-moving party to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden at trial. La. C.C.P. art. 966 C(2); Smith v. General Motors Corp., 31-258 (La.App. 2. Cir. 12/9/98), 722 So.2d 348. If the non-moving party fails to meet this burden, there is no genuine issue of material fact and the mover is entitled to summary [1095]*1095judgment. La. C.C.P. art. 966; Schwarz v. Administrators of Tulane Educational Fund, 97-0222 (La.App. 4 Cir. 9/10/97), 699 So.2d 895. Appellate courts review summary judgments de novo, using the same criteria that govern the trial court’s consideration of whether summary judgment is appropriate.

In their petition, plaintiffs allege that Ford is liable to them for having a faulty seatbelt in the truck in which Lewis Willis was riding. Plaintiffs allege that ] 3upon impact, the seatbelt released causing Lewis Willis to smash into the windshield, hitting his head with sufficient force to shatter the windshield.

Ford filed a motion for summary judgment alleging that plaintiffs cannot establish that the seatbelt restraint system was defective. Ford also alleges that plaintiffs are unable to establish causation absent a defined unreasonably dangerous condition and plaintiffs cannot prove a feasible alternative design.

In support of its motion, Ford filed a memorandum, a statement of uncontested material facts, the depositions of Gerald Wells and Lewis Willis, interrogatories and answers, requests for production of documents and answers, plaintiffs’ supplement and amendment to objections and answers to Ford’s interrogatories, the medical records of Lewis Willis, and the reports or records of physicians Richard B. Drude, John F. Schuhmacher and James R. Gosey. In opposition to Ford’s motion for summary judgment, plaintiffs filed a memorandum, a statement of contested issues of fact, an affidavit of engineer Donald K. Eisentraut and a research paper authored by Eisentraut, William H. Muzzy, III and Alan Cantor, entitled Assessment of Timely Retractor Lockup in Automotive Seat Belt Systems.

The theories of recovery against a manufacturer for defects in its product are listed in La. R.S. 9:2800.54 of the Louisiana Products Liability Act (LPLA). That statute states, in pertinent part:

A. The manufacturer of a product shall be liable to a claimant for damage proximately caused by a characteristic of the product that renders the product unreasonably dangerous when such damage arose from a reasonably anticipated use of the product by the claimant or another person or entity.
B. A product is unreasonably dangerous if and only if:
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(2) The product is unreasonably dangerous in design as provided in R.S. 9:2800.56.
La. R.S. 9:2800.56 provides:
A product is unreasonably dangerous in design if, at the time the product left its manufacturer’s control:
(1) There existed an alternative design for the product that was capable of preventing the claimant’s damage; and
(2) The likelihood that the product’s design would cause the claimant’s damage and the gravity of that damage outweighed the burden on the manufacturer of adopting such alternative design and the adverse effect, if any, of such alternative design on the utility of the product. An adequate warning about a product shall be considered in evaluating the likelihood of damage when the manufacturer has used reasonable care to provide the adequate warning to users and handlers of the product.

Under R.S. 9:2800.56, a plaintiff claiming that a product is unreasonably dangerous in design must establish that a feasible alternative design existed at the time the product left the manufacturer’s control that would have prevented the plaintiffs injury and that the risk avoided by the alternative design outweighed the burden of its adoption. Jaeger v. Automotive Casualty Insurance Company, 95-2448 (La.App. 4 Cir. 10/9/96), 682 So.2d 292, writ denied, 96-2715 (La.2/7/97), 688 So.2d 498. Even if a plaintiff shows that an alternative product exists that is capa[1096]*1096ble of preventing the damage, plaintiff must also satisfy the “risk/utility” analysis, in which the utility of the product is weighed against the risk of harm. Bernard v. Ferrellgas, Inc., 96-621 (La.App. 3 Cir. 2/5/97), 689 So.2d 554.

| ^Before we reach the issue of whether plaintiffs presented sufficient evidence to defeat summary judgment, we must first determine whether Ford carried its burden of pointing out the absence of factual support for one or more elements essential to plaintiffs’ claim. We conclude that it has done so, thereby shifting the burden of proof to plaintiffs to produce' factual support sufficient to establish that they will be able to satisfy their evidentiary burden of proof at trial.

In arguing that summary judgment was inappropriately granted in this case, plaintiffs rely mainly on the affidavit of engineering expert Donald Eisentraut. In his affidavit, Eisentraut stated that he was familiar with the seat belt retractor mechanism in the type of Ford pickup truck in which Willis was riding.

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Related

Willis v. Medders
775 So. 2d 1049 (Supreme Court of Louisiana, 2000)

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Bluebook (online)
765 So. 2d 1093, 99 La.App. 4 Cir. 2170, 2000 La. App. LEXIS 1635, 2000 WL 722278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-medders-lactapp-2000.