Daniels v. GNB, Inc.
| Decision Date | 16 December 1993 |
| Docket Number | No. 91-CA-0916,91-CA-0916 |
| Citation | 629 So.2d 595 |
| Parties | Prod.Liab.Rep.(CCH)P. 13,762 Willie B. DANIELS v. GNB, INCORPORATED and Southern Battery Company of Mississippi, Inc. |
| Court | Mississippi Supreme Court |
Don Barrett, Barrett Law Office, Lexington, for appellant.
Robert J. Dambrino, III, Aultman Tyner McNeese & Ruffin, Michael Clayton Barefield, Hattiesburg, Forest M. Dantin, Dantin & Dantin Firm, Columbia, for appellees.
Before HAWKINS, C.J., and SULLIVAN and SMITH, JJ.
Willie B. Daniels (Daniels) brought suit against GNB, Incorporated (GNB) and Southern Battery Company of Mississippi, Inc. (Southern Battery), alleging that the two companies are strictly liable to him for injuries he received when a battery, manufactured by GNB and distributed by Southern Battery, exploded in his face blinding him in his left eye. The Marion County Circuit Court granted summary judgment in favor of GNB and Southern Battery on August 30, 1991. Daniels now raises the following error on appeal:
The trial court erred in granting summary judgment in favor of GNB and Southern Battery.
Daniels' affidavit states that in February of 1985 he purchased a battery from James Robinson d/b/a Riverside Alternator and Starter Service (Robinson), and that the battery was a "Magnum Force" brand 12-volt automotive battery. Daniels further states that he was then a trained and experienced automobile mechanic, and that the "Magnum Force" battery was new and in perfect condition. He claims to have watched as one of Robinson's assistants properly installed the battery in his 1979 Ford pickup truck.
The battery was in fine working condition for approximately two months. On or about the morning of April 15, 1985, Daniels attempted to start his truck in order to drive to work. He alleges that when the truck would not crank, he opened the hood, and believing the battery had become discharged or had a loose cable connection, touched the cable with his hand on the positive pole of the battery. At that moment, before he could twist or turn the cable, the battery suddenly exploded blinding him in his left eye. Daniels' wife also witnessed the explosion. Daniels was laid off from Griner Drilling because of his inability to keep up his work after the accident; however, no doctor has said he is 100% disabled.
Daniels started doing work as a mechanic around 1980 at his job, Griner Drilling, where he worked on entire engines. Daniels claims to know the difference between new and reconstituted or used batteries. He states that one reason he knew the battery in question was new was because he saw it in a white battery box. James Smith, employed by Southern Battery, testified in deposition that GNB batteries supplied to Robinson came in brown cartons. However, Daniels claims another reason he knew the battery in question was new was that he saw Robinson get the battery from his office where he keeps the new batteries. James Smith characterized Robinson's place of business as disorderly, and stated that he had "seen the man sell batteries out of junk piles." The battery was the second or third one installed in Daniels' 1979 Ford pickup truck.
Daniels bought the truck used and, after a winter freeze damaged the engine, he purchased and installed a 351 Cleveland engine which he had rebuilt and "hopped up." The engine had formerly been in a Mach 1 Mustang. Robinson, the individual who later sold the battery that exploded to Daniels, was also the person who rebuilt Daniels' starter and alternator when the new "hopped up" engine was installed.
After the explosion, Daniels claims that he showed the exploded battery to Robinson who informed him that there was nothing he could do about the situation. Various affidavits contained in the record indicate that Daniels kept the battery in the back of his truck for a period of time and showed it to co-workers and friends in the City of Columbia. After this period of time, Daniels placed the battery beside his house among other used batteries for a year or two, until approximately the middle of 1987, at which time he disposed of them, including the battery in issue in this case. Daniels stated that he disposed of the batteries because he feared they might be dangerous for his children to come in contact with, and that he could make a few dollars off of the used batteries. Consequently, the battery in question was not available for examination.
The 1979 Ford pickup truck was likewise unavailable as Daniels traded it for a new Dodge in 1985. Daniels testified in deposition that prior to the explosion he had experienced no trouble with the truck; that the battery cables were new when installed; that although he had jump started the truck on a couple of occasions, he had never had to do so with the battery in question; and that he had never tapped or turned the cables on this particular battery before. The battery was never tested after the explosion. Daniels admits that he never read the warnings on the battery.
Daniels also admits that he does not have personal knowledge of who manufactured the battery or how it was built. However, James Smith, who is now and was then employed by Southern Battery (which is now a division of GNB), testified in deposition that any "Magnum Force" battery in Robinson's place of business during the period of time from September of 1984 to March of 1985 would have come from Southern Battery and would have been manufactured by GNB. He also testified that during the period of time surrounding Daniels' purchase of the battery that ultimately exploded, Robinson's business was undergoing financial difficulty, and Robinson was only able to keep 50-100 batteries in stock which took approximately a week to sell.
Robinson's affidavit states that he has always bought batteries from Southern Battery, and that he buys "Magnum Force" brand batteries wholesale and retails them to the public. Robinson sells new and used batteries, and Southern Battery is his sole supplier of new batteries. He remembers Daniels buying a battery from him in February of 1985. Robinson has two affidavits in the record. In his first affidavit dated July 12, 1990, he remembered that the battery he sold to Daniels was a "Magnum Force" brand battery and remembers seeing it after it had blown up. In his second affidavit dated July 30, 1991, he interestingly has no recollection of the source of the battery, or whether the battery he sold Daniels was new or used. The second affidavit goes on to say that Robinson never saw the battery after it had exploded, and that he is not even sure that the one which exploded was a battery he sold to Daniels.
The deposition of James Smith, Southern Battery employee, is helpful with regard to the "Magnum Force" label. He states that those labels belonged to Southern Battery and were labeled as such; i.e., it said on the label He also testified that GNB was aware that the "Magnum Force" labels were being used by Southern Battery.
James Smith's opinion is that batteries do blow up, which can be caused by an over charging of the battery, which creates an oxygen and hydrogen build up in the battery that can be ignited by an external spark. He also states that the explanation of how the battery blew up provided by Daniels is accurate in that Daniels' touching of the positive pole cable caused the external spark which blew up the battery.
David Adams, a GNB employee familiar with the manufacture, design and testing of GNB batteries, submitted an affidavit which states that GNB batteries manufactured in February of 1985 were safe for normal use, and that they would not explode "but for misuse or abuse or neglect." David Adams adds that GNB does not market, identify, or authorize the "Magnum Force" label. However, Smith's deposition makes it clear that GNB did in fact know Southern Battery was applying "Magnum Force" labels to their batteries.
A.K. Rosenhan is a qualified expert in cases involving battery explosions in several courts, including the Northern District Court of Mississippi. He is a registered professional engineer in the State of Mississippi and is a professor at Mississippi State University. Rosenhan submitted an affidavit which says that batteries do explode from internal failure, and not just from misuse, abuse or neglect as stated in David Adam's affidavit. Furthermore, resting on the premise that Daniels' account of the circumstances surrounding the explosion is accurate, which is a reasonable assumption according to Rosenhan, it is his opinion that the battery was unreasonably dangerous because of an internal defect which "generated an overpressure in the battery casing, causing the battery casing and electrolyte to be violently propelled into Mr. Daniels' face." Furthermore, Rosenhan states that an examination of the battery is not necessary for him to determine that it was defective and unreasonably dangerous. Additionally he states that the explosion could have been mitigated if automotive batteries manufactured in the United States were provided with adequate pressure relief in the battery casing.
Rosenhan adds that in his professional opinion, based upon his training and experience, as well as Daniels' affidavit, Daniels received the battery in the same condition as it was when it left the manufacturer. He goes on to state:
It is highly probable that any internal damage to the battery would likewise have caused some noticeable mark or damage visible to Mr. Daniels when he purchased the battery. Also, any damage to the battery in shipment which would have caused an explosion would very probably have manifested itself before two months of use in Mr. Daniels' vehicle.
Furthermore, the actions described by Mr. Daniels in his affidavit do not constitute any type of negligence on his part. No physical or electrical abuse of the battery is indicated, and his action in...
To continue reading
Request your trial
-
Ground Control, LLC v. Capsco Indus., Inc.
...must view the evidence “in the light most favorable to the party against whom the motion has been made.” Id. (quoting Daniels v. GNB, Inc., 629 So.2d 595, 599 (Miss.1993)). ¶ 6. On appeal, Ground Control asks the court to consider multiple issues pertaining to the three defendants. Because ......
-
Hubbard v. Delta Sanitation of Miss.
...by Dr. Bowen's testimony. The weight accorded to differing opinions of experts, is a question of fact for the jury. Daniels v. GNB, Inc., 629 So.2d 595, 602 (Miss.1993) (citing Ford Motor Co. v. Cockrell, 211 So.2d 833, 837 (Miss.1968)). “[A] jury's verdict cannot be reversed simply because......
-
Ground Control, LLC v. Capsco Indus., Inc.
...must view the evidence "in the light most favorable to the party against whom the motion has been made." Id. (quoting Daniels v. GNB, Inc., 629 So. 2d 595, 599 (Miss. 1993)).¶6. On appeal, Ground Control asks the court to consider multiple issues pertaining to the three defendants. Because ......
-
Brown v. Houston School Dist.
...viewed with great skepticism and if the trial court is to err, it is better to err on the side of denying the motion." Daniels v. GNB, Inc., 629 So.2d 595, 599 (Miss.1993). In this case, I would find that the circuit court should have erred on the side of denying the motion by the School Di......