Balder v. Haley
| Decision Date | 22 July 1986 |
| Docket Number | No. C7-85-1259,C7-85-1259 |
| Citation | 390 N.W.2d 855 |
| Parties | Michael BALDER, et al., Appellants, v. Thomas W. HALEY, Defendant and Third Party Plaintiff, and REPUBLIC WATER HEATER CO., Honeywell, Inc., Respondents, v. Josephine PIRKL, third party defendant, Respondent. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
1. The decision of a jury will not be upset unless it is manifestly contrary to the evidence viewed as a whole in a light most favorable to the verdict.
2. A manufacturer or supplier is liable only for defects existing at the time a product leaves the control of the manufacturer or supplier. The manufacturer's fault must be examined exclusive of risks related to mishandling of the product that the manufacturer could not reasonably foresee. Thus, evidence of mishandling tending to show an intervening cause of injury may also explain a finding of no fault, depending on the weight of the remaining evidence about foreseeable risks.
3. If a manufacturer knew or reasonably could have discovered the danger involved in the use of the product, and if steps taken for the safety of consumers are not adequate, then the manufacturer is negligent. The fault of the user does not absolve the manufacturer from fault for its inadequate warnings where it is not evident the user was well aware of the hazard he faced.
David L. Graven, Jeffrey R. Brauchle, Minneapolis, for Michael Balder, et al.
Richard Quinlivan, St. Cloud, for Thomas W. Haley.
Paul D. McKeen, St. Paul, for Republic Water Heater Co.
George W. Flynn, Minneapolis, for Honeywell, Inc.
Thomas A. Zupanc, St. Cloud, for Josephine Pirkl.
Heard, considered and decided by HUSPENI, P.J., and LESLIE and CRIPPEN, JJ.
Michael Balder was injured when a water heater exploded in his mother's home. He brought an action against the seller of the water heater, a repair worker who had serviced the water heater, the gas company that provided gas for the water heater, and the manufacturer of the water heater. Also included in the lawsuit was Honeywell, Inc., which had manufactured the water heater's gas control unit. The jury found Balder's mother 45 percent at fault for the accident, the repair worker 35 percent at fault, and Balder 20 percent at fault. Honeywell, Inc. was exonerated by the jury. Balder appealed, claiming that Honeywell was at fault as a matter of law. We reverse and remand for a new trial to determine whether Honeywell's inadequate warnings and instructions caused Balder's injuries.
On July 23, 1980, appellant Michael Balder was severely injured in an explosion of gas that leaked from a control on a water heater in the home of Josephine Pirkl, Balder's mother. The water heater was manufactured by Republic Heater Company and installed in 1970. It utilized a V5130 gas control unit manufactured by Honeywell, Inc. Michael Balder and his wife Zita brought suit against Republic Heater Company, Honeywell, a repair worker who had attempted to fix the water heater control, and the gas suppliers. Josephine Pirkl was brought into the case as a third party defendant.
Balder contends the jury should have found Honeywell to be at fault and then determined whether Honeywell's misconduct proximately caused Balder's injuries.
The facts of the case require an explanation of the water heater control and the malfunction of the unit that might lead to an explosion.
The user's main contact with the water heater was through the control knob on the V5130 gas control. The knob, which is mounted on the reset shaft, is marked to indicate three control functions: off, pilot, and on. The knob was designed so that it cannot be rotated from the off position to the pilot position without depressing the knob on a shaft; it cannot be rotated from the pilot position to the on position without removing the pressure on the knob.
Situated beneath the control knob is the gas cock, a ported valve which controls the flow of gas. Protrusions from the knob fit into notches on the shaft at the top of the gas cock and allow the gas cock to rotate when the knob is turned. When the gas control knob is in the off position, the port of the valve is positioned to prevent the flow of gas. When the knob is turned 90 degrees to the pilot position, the port is turned to a position that permits a small flow of gas to the pilot chamber for the lighting of the pilot. When the knob is turned another 90 degrees to the on position, the valve permits a large flow of gas to the burner.
The control knob is positioned on a shaft, called the reset shaft, which is housed vertically in the center of the gas cock. When there is no downward pressure on the control knob and the shaft, a safety shutoff valve remains sealed shut, which prevents the flow of gas. When the control knob is depressed, the shaft is depressed, causing the safety shutoff valve to be opened and the seal to be broken. The breaking of the seal allows the flow of gas into the gas cock.
The safety shutoff valve is connected to the lower part of the reset shaft. It utilizes a system of O-rings to seal and prohibit the flow of gas into the gas cock. When the control knob is depressed, the O-ring seal is broken.
Attached to the reset shaft is a spring mechanism that is designed to force the reset shaft back to its original position when pressure is removed from the control knob. Thus, if pressure is removed from the control knob and the pilot is not lit, the spring mechanism should place the reset shaft back and close the safety shutoff valve. Added pressure for closing the safety valve comes from a spring directly beneath it.
When the pilot on the water heater is lighted, the flame heats the unit's thermocouple, which in turn creates electrical current. The current creates an electromagnetic force. So long as the thermocouple circuit is complete, the electromagnet holds the valve open, permitting the continued flow of gas into the pilot chamber. This allows the pilot to remain lit even after pressure is removed from the control knob. If for any reason the pilot should go out, the thermocouple would cool, the circuit would be broken, and a properly functioning valve would close, preventing the further flow of gas.
When the gas control knob is in the off position, the flow of gas is blocked by the safety shutoff valve and by the position of the gas cock's port. When the gas control knob is depressed, the safety shutoff valve's seal is broken and gas flows into the gas cock's chamber. Rotating the knob and the gas cock 90 degrees to the pilot position causes gas to flow through the gas cock's port into the pilot chamber. This allows the pilot to be lit. The operator must maintain pressure on the knob for a minute or so, during which time the pilot light heats the thermocouple. After a minute, the thermocouple mechanism operates to hold open the safety shutoff valve. Pressure can then be removed from the gas control knob and gas will continue to flow into the pilot chamber. Protrusions on the control knob prevent rotating the valve to the on position while the knob is depressed.
Rotating the control knob another 90 degrees to the on position will allow a large flow of gas through the gas cock's port into the burner chamber. The pilot flame will cause the burner to ignite. If the pilot light should be extinguished, a properly functioning spring mechanism will close the safety shutoff valve and gas will cease to flow. If the pilot goes out and the reset shaft is jammed down in some way, the spring mechanism will not reset the O-rings of the safety shutoff. Thus, gas will continue to flow and instead of being consumed by the burner's flames, will flow out of the heater control. Liquid propane gas is heavier than air, so instead of dissipating in the air, the gas will collect near the floor. The collection of gas creates a risk of explosion.
There is convincing evidence that the gas control knob used on the V5130 is a defective product. The knob wears out and becomes useless over a period of time because it was made of a low grade plastic.
Once the knob wears out, the user could operate the control only by depressing and rotating the reset shaft with fingers or a tool. This can cause a dangerous condition: without the presence of the control knob, the shaft is more likely to be wiggled or bent. That can cause gas to leak through the safety shutoff valve and out from around the reset shaft. In addition, if the knob is not in place, the shaft can be depressed while the valve is in the on position, which would cause serious gas leakage if the pilot is not lit. Moreover, without the knob, it is less visually evident if the valve is in the on position or if the shaft is stuck for any reason in a depressed position.
Honeywell acknowledges the importance of having the knob in place. A two inch by three inch sticker positioned on the heater near the gas control unit says "Danger," "Explosion," and states this information:
Although the control knob wore out quickly and was a critical safety feature, Honeywell acted slowly to remedy the problem. The defective design of the control knob was evident from the time of 1960 tests, which indicated that the knobs did not meet a predetermined durability standard. As evidence mounted on the poor quality of the knobs, a proven and inexpensive alternative design was rejected for the American market because of a theory that Americans used the knobs less frequently than consumers in other markets; distributors in other countries demanded a better knob.
Honeywell received numerous customer complaints on the...
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Balder v. Haley
...of the V5130 valve contained in the court of appeals' opinion is reasonably accurate and will not be repeated here. Balder v. Haley, 390 N.W.2d 855, 858-59 (Minn.Ct.App.1986). The V5130 gas control valve involved in this case was designed and manufactured by Honeywell and sold to Republic H......
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