Blood v. R & R Engineering, Inc., 68563

Decision Date24 January 1989
Docket NumberNo. 68563,68563
Citation769 P.2d 144
PartiesProd.Liab.Rep. (CCH) P 12,035, 1989 OK 10 Bonnie BLOOD, as personal representative and surviving spouse of Charles Blood and as mother of Joani Blood, a minor, Appellant, v. R & R ENGINEERING, INC. and Treanor Equipment Co., Appellees.
CourtOklahoma Supreme Court

Appeal from the District Court of Oklahoma County; William H. Henderson, Judge.

Plaintiff brought products liability action against manufacturer and distributor for death of her husband in industrial accident involving gas compressor unit. At close of plaintiff's evidence, trial court sustained defendants' demurrer and dismissed action on grounds that insufficient evidence of causation had been presented.

Fogg, Fogg & Handley by Fletcher D. Handley, Jr., El Reno, and Fenton, Fenton, Smith, Reneau & Moon by Tom E. Mullen, Oklahoma City, for appellant.

Huckaby, Fleming, Frailey, Chaffin & Darrah by Robert L. Huckaby, and Brian Husted, Chickasha, for appellee R & R Engineering, Inc.

Baker, Baker & Smith by Albert Lewis Tait, Jr., Oklahoma City, for appellee Treanor Equipment Co.

HODGES, Justice.

This appeal raises two questions: (1) Did the trial court err in sustaining defendants' objection to causation questions as outside the scope of cross-examination and thus an improper topic for re-direct examination? (2) Did the trial court err in sustaining defendants' demurrer to plaintiff's evidence for failure to present sufficient evidence of causation? Because we answer the second question in the affirmative and reverse, it is unnecessary to address the first question.

Bonnie Blood (plaintiff) brought this products liability action as the surviving spouse of Charles Blood (decedent) and on behalf of Joani Blood, their minor daughter. Defendants, R & R Engineering, Inc. and Treanor Equipment Co., respectively manufactured and sold the equipment involved in the industrial accident.

On December 29, 1983, decedent was killed while servicing a gas compressor unit owned by his employer, Delhi Pipeline Co. The unit compressed and cooled natural gas entering a pipeline. The six-foot blades of the cooling fan were shielded by a ten-foot circular guard consisting of a frame constructed of L-shaped iron with cross-members and an expanded metal screen spot-welded to the inside of the frame.

Around 3:00 p.m., decedent was standing on the snow-packed ground in front of the fan placing cardboard over the fan guard in an attempt to raise the temperature of the gas within the unit. Two co-workers were at other sides of the unit and could not see him. After hearing a loud crash, the co-workers found decedent with his head and shoulders inside the broken guard. Several of the fan blades were broken. He was taken to a hospital where he died a few hours later.

Plaintiff's petition alleged a design defect in the fan guard. At trial, plaintiff specifically claimed that the design of the guard concealed and enhanced the deterioration of the screen and the spot-welds resulting from the guards exposure to the elements.

At the close of plaintiff's evidence, defendants demurred claiming that no causal connection was demonstrated between the alleged product design defect and the decedent's fatal injuries....

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8 cases
  • Margaret Blair Trust v. Blair
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • May 13, 2016
    ...reasonable inferences therefrom which favor the party opposing the motion (the plaintiff) must be taken as true. Blood v. R & R Engineering, Inc. , 769 P.2d 144, 145 (Okla.1989) ; Messler v. Simmons Gun Specialties , 687 P.2d 121, 130 (Okla.1984). Any conflicting evidence which is favorable......
  • Byford v. Town of Asher, 75849
    • United States
    • Oklahoma Supreme Court
    • May 10, 1994
    ...reasonable inferences therefrom which favor the party opposing the motion (the plaintiff) must be taken as true. Blood v. R & R Engineering, Inc., 769 P.2d 144, 145 (Okla.1989); Messler v. Simmons Gun Specialties, 687 P.2d 121, 130 (Okla.1984). Any conflicting evidence which is favorable to......
  • Jackson v. Jones
    • United States
    • Oklahoma Supreme Court
    • November 28, 1995
    ...or the proof shall demand...." (Emphasis added.)8 Byford v. Town of Asher, Okl., 874 P.2d 45, 47 (1994); Blood v. R & R Engineering, Inc., Okl., 769 P.2d 144, 145 (1989); Messler v. Simmons Gun Specialties, Inc., Okl., 687 P.2d 121, 130 (1984); Ray v. Ridpath, 145 Okl. 69, 291 P. 546, 547 (......
  • Jackson v. Mercy Health Center, Inc.
    • United States
    • Oklahoma Supreme Court
    • November 30, 1993
    ...evidence and reasonable inferences therefrom while disregarding conflicting evidence favorable to the defendant." Blood v. R & R Engineering Inc., 769 P.2d 144, 145 (Okla.1989). A demurrer should not be sustained unless there is an entire absence of proof tending to show a right to recover.......
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