Barnard v. Saturn Corp.

• Citation: 790 N.E.2d 1023
• Decision Date: 30 June 2003
• Docket Number: No. 64A05-0206-CV-291.,64A05-0206-CV-291.
• Parties: Yvonne E. BARNARD, Administratrix of the Estate of Mark E. Barnard, Deceased, and Yvonne E. Barnard, Individually, Appellant-Petitioner, v. SATURN CORPORATION, A DIVISION OF GENERAL MOTORS CORPORATION, General Motors Corporation, and Saturn of Northwest Indiana, Inc., Seeburn division of Ventra Group, Inc., Appellee-Respondents.
• Court: Court of Appeals of Indiana

790 N.E.2d 1023

Yvonne E. BARNARD, Administratrix of the Estate of Mark E. Barnard, Deceased, and Yvonne E. Barnard, Individually, Appellant-Petitioner, v. SATURN CORPORATION, A DIVISION OF GENERAL MOTORS CORPORATION, General Motors Corporation, and Saturn of Northwest Indiana, Inc., Seeburn division of Ventra Group, Inc., Appellee-Respondents.

No. 64A05-0206-CV-291.

Court of Appeals of Indiana.

June 30, 2003.

Jay Charon, Jon S. Diston, Spanger, Jennings & Dougherty, P.C., Merrillville, IN, Attorneys for Appellant.

Julia Blackwell, Nicholas C. Pappas, Daniel D. Bobilya, Locke Reynolds, LLP, Indianapolis, IN, Attorneys for Appellee.

James R. Branit, John J. Bullaro, Thomas A. Carton, Bullaro & Carton, Chartered, Chicago, IL, Attorneys for Appellee Seeburn.

OPINION

ROBB, Judge.

Yvonne E. Barnard, administratrix of the estate of Mark E. Barnard, brought a wrongful death product liability suit in the Porter Superior Court against Saturn Corporation, a division of General Motors; General Motors Corporation; Saturn of Northwest Indiana, Inc. (collectively, "General Motors"); and Seeburn Division of Ventra Group, Inc. ("Seeburn"). The trial court granted both General Motors' and Seeburn's motions for summary judgment. We affirm.

Issues

Yvonne raises several issues for our review, which we consolidate and restate as follows:

1. Whether the trial court properly granted summary judgment on the basis of product misuse 2. Whether the car jack's specific design enhanced Mark's injuries;

3. Whether the warnings on the jack were adequate.

Facts and Procedural History¹

Mark and Yvonne purchased a 1996 Saturn SL1 from Saturn of Northwest Indiana, Inc. in May of 1996 that came equipped with a Seeburn car jack in the trunk. A spare-tire cover was located on the floor of the trunk of the vehicle. In order to reach the jack, a user of the car jack must physically remove the spare-tire cover. On the jack itself there were warnings and instructions. In addition, there were warnings within the Saturn owner's handbook and on the spare-tire cover pertaining to use of the jack. The specific warning on the jack itself stated:

"CAUTION! To help avoid personal injury, follow jacking instructions and use this jack only for changing tires on this vehicle."

Appellee General Motor's Appendix at 17. In addition to the warning provided on the jack itself, a warning in the vehicle owner's handbook stated:

"CAUTION! Changing a tire can cause an injury. The vehicle can slip off the jack and rollover you or other people. You and the other people could be badly injured."

Appellee General Motor's Appendix at 19. Another warning on page 236 of the owner's handbook stated:

"CAUTION! To be even more certain the vehicle won't move, you can put blocks at the front and the rear of the tire farthest away from the one being changed. That would be the tire on the other side of the vehicle and at the opposite end."

Appellee General Motor's Appendix at 19. A warning on page 238of the owner's handbook stated:

"CAUTION! Getting under a vehicle when it is jacked up is dangerous. If the vehicle slips off the jack, you could be badly injured. Never get under a vehicle when it is supported only by a jack."

Appellee General Motor's Appendix at 20. A warning on page 242 of the owner's handbook stated:

"CAUTION! Getting under the vehicle when it is jacked up is dangerous. If the vehicle slips off the jack, you could be badly injured."

Appellee General Motor's Appendix at 21. Also, a warning on page 266 of the owner's handbook stated:

"CAUTION! Changing your engine's oil can cause injury. Getting under the vehicle when it is jacked up is dangerous. If the vehicle slips off the jack or ramps, you could be badly injured. Never get under a vehicle when it is supported only by a jack."

Appellee General Motor's Appendix at 22. Finally, warnings on the spare-tire cover in the trunk stated:

"TO HELP AVOID PERSONAL INJURY:

• Follow all jacking and storage instructions.

• Use jack only for lifting this car during tire change.

• Never get under the car or start or run engine while the car is supported by the jack.

• Before changing tire: Park on a level surface ..."

Appellee General Motor's Appendix at 23.

On March 16, 1997, Mark informed his wife that he was going to change the oil in their Saturn vehicle. Yvonne observed Mark as he drove the front wheels of the vehicle onto the sidewalk in front of the family home. While Yvonne was inside cooking dinner she heard a noise coming from outside the house. When she investigated, she found Mark pinned underneath the car. The front wheels were no longer on the sidewalk, but were flush against the sidewalk curb with the passenger side front wheel off the ground. Further, she observed that the car jack was leaning to one side, wedged in and stuck on the passenger side of the vehicle.

Yvonne initially attempted to drive the vehicle off of her husband, however the car would not move. She then attempted to remove the jack from underneath the car and use it in an attempt to free Mark. The jack, manufactured by Seeburn, operated in a scissor action. As the center nut is turned clockwise the jack raises. If the jack reaches its maximum height and the user continues to turn the center nut with 70 foot pounds, then the center nut will shear off. Once the center nut shears off, the jack becomes inoperable. When Yvonne applied force to the handle of the jack in order to try to free Mark the jack's center nut sheared off, rendering the jack inoperable.

Emergency personnel eventually extricated Mark from underneath the vehicle. However, Mark later died at the hospital on March 21, 1997, from the injuries he sustained.

On April 28, 1998, Yvonne filed suit against General Motors and Seeburn for damages resulting from Mark's death. On March 27, 2002, General Motors moved for summary judgment. Shortly thereafter, Seeburn filed its own motion for summary judgment. On May 22, 2002, the trial court conducted a hearing and granted both General Motors' and Seeburn's motions for summary judgment. Yvonne filed her notice of appeal with the trial court on June 17, 2002, and this appeal ensued.

Discussion and Decision

I. Product Misuse

The trial court found that there were no genuine issues of material fact and General Motors and Seeburn were entitled to judgment as a matter of law on the basis of product misuse. Yvonne, however, contends that the trial court improperly granted summary judgment in favor of General Motors and Seeburn because Mark's misuse was foreseeable to the manufacturers. Thus, she argues, General Motors and Seeburn are not entitled to summary judgment. We disagree.

A. Standard of Review

In determining the propriety of summary judgment, we apply the same standard as the trial court. Harris v. Traini, 759 N.E.2d 215, 220 (Ind.Ct.App.2001), trans. denied. Summary judgment is proper when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Id. We construe all facts and reasonable inferences to be drawn from those facts in favor of the non-moving party. Id. The purpose of summary judgment is to terminate litigation about which there can be no material factual dispute and which can be resolved as a matter of law. Id.

A trial court's grant of summary judgment is clothed with a presumption of validity, and the party that lost in the trial court has the burden of demonstrating that the grant of summary judgment was erroneous. Zemco Mfg., Inc. v. Navistar Int'l Transp. Corp., 759 N.E.2d 239, 244 (Ind.Ct.App.2001), trans. denied. A grant of summary judgment may be affirmed upon any theory supported by the designated materials. Id. at 244-45.

On appeal, we do not reweigh the evidence, but we liberally construe all designated evidentiary material in the light most favorable to the nonmoving party to determine whether there is a genuine issue of material fact for trial. Id. To be considered genuine for summary judgment purposes, a material issue of fact must be established by sufficient evidence in support of the claimed factual dispute to require a jury or judge to resolve the parties' differing versions of the truth at trial. Street v. Shoe Carnival, Inc., 660 N.E.2d 1054, 1056-57 (Ind.Ct.App.1996).²

B. Misuse of the Car Jack

Yvonne contends that the trial court improperly granted summary judgment in favor of General Motors and Seeburn because Mark's misuse was foreseeable to the manufacturers. Therefore, she contends General Motors and Seeburn are not entitled to summary judgment.

Indiana Code section 34-20-2-1 states the grounds for a products liability action:

[A] person who leases, or otherwise puts into the stream of commerce any product in a defective condition unreasonably dangerous to any user or consumer or to the user's or consumer's property is subject to liability for physical harm caused by that product to the user or consumer or to the user's or consumer's property if:

(1) that user or consumer is in the class of persons that the seller should reasonably foresee as being subject to the harm caused by the defective condition;

(2) the seller is engaged in the business of selling the product; and

(3) the product is expected to and does reach the user or consumer without substantial alteration in the condition in which the product is sold by the person sought to be held liable under this article.

Indiana Code section 34-20-6-4 provides an affirmative defense to a products liability claim when a product is misused. The statute reads:

It is a defense to an action under this article ... that a cause of the physical harm is a misuse of the product by the claimant or any other person not reasonably expected by the seller at the time the seller sold or otherwise conveyed the product to another party.

Foreseeable use and misuse are typically questions of fact for a jury to decide. Vaughn v. Daniels Co. (West Virginia), Inc., 777 N.E.2d 1110, 1129 (Ind....