Darbonne v. Wal-Mart Stores, Inc.

• Decision Date: 02 November 2000
• Docket Number: No. 00-551.,00-551.
• Citation: Darbonne v. Wal-Mart Stores, Inc., 774 So.2d 1022 (La. App. 2000)
• Parties: Gerard DARBONNE and Trisha L. Darbonne v. WAL-MART STORES, INC., Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company.
• Court: Court of Appeal of Louisiana

Page 1022

774 So.2d 1022

Gerard DARBONNE and Trisha L. Darbonne v. WAL-MART STORES, INC., Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company.

No. 00-551.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2000.

Rehearing Denied December 28, 2000.

COPYRIGHT MATERIAL OMITTED

Arthur W. Landry, Elizabeth S. Schell, PlauchÉ, Maseli, Landry & Parkerson, New Orleans, LA, Counsel for Defendants/Appellants, Johnson Controls, Inc. and Wal-Mart Stores, Inc.

Chris Villemarette, Craig A. Davis, J. Minos Simon, J. Minos Simon, Ltd., Lafayette, LA, Counsel for Plaintiffs/Appellees Gerard Darbonne and Rrisha L. Darbonne.

(Court composed of Judge HENRY L. YELVERTON, Judge ULYSSES GENE THIBODEAUX and Judge SYLVIA R. COOKS).

THIBODEAUX, Judge.

The defendants, Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company, appeal a judgment in favor of the plaintiffs, Gerard and Tricia Darbonne, in this products liability suit. The trial judge found that the automotive battery manufactured by Johnson Controls was unreasonably dangerous when it left the control of the manufacturer. The court concluded that the battery's defective condition caused it to explode suddenly and without warning, and was therefore the cause of Gerard Darbonne's injuries. The court awarded Gerard Darbonne $15,000 in general damages plus medical expenses of $723.62 and Tricia Darbonne $1,000 in compensation for loss of consortium. The defendants appeal. We affirm the judgment of the trial court.

I. ISSUES

We shall address the following issues:

(1) whether the trial court erred in failing to conduct the necessary inquiry into the qualification of plaintiffs' expert, Woodrow Nelson (2) whether the trial court erred in implicitly concluding that Mr. Nelson was qualified to testify as an expert in this case; and,

(3) whether the trial court was legally incorrect in concluding that plaintiffs' evidence was sufficient.

II. FACTS

On October 26, 1995, the automotive battery in the pick-up truck belonging to Gerard Darbonne exploded when he turned the ignition key to start the engine. Mr. Darbonne heard a sound from under the hood resembling what he described as a "back-fire." He immediately exited the cab of the truck and opened the hood. Upon doing so, he experienced a searing pain in his eyes and on his face, apparently from the vapors given off by the battery in the explosion. Tricia Darbonne transported him to a hospital and subsequently to an eye center where he was seen by an ophthalmologist. Mr. Darbonne informed the doctor that he was unable to see, and the doctor instructed him to rest his eyes and await the return of his sight. After approximately ten days, during which time he remained in his home with his eyes completely covered, he felt his sight begin to return. He claims that he continues to suffer from a sensitivity to bright lights and wears tinted glasses or sunglasses most of the time.

The battery that exploded was purchased by Mr. Darbonne at Wal-Mart in Lafayette. It was manufactured by defendant-appellant, Johnson Controls, Inc. The Darbonnes retained Woodrow Nelson, a mechanical engineer who works in the areas of mechanical and electrical fires and explosions, as an expert witness. Prior to trial, Mr. Nelson was deposed by the defendants. At the trial his deposition was submitted by the plaintiffs in lieu of live testimony. Mr. Nelson traced the cause of the battery explosion to a defect in the battery consisting of improper welding between the plate tab and strap in cell number 6. The defendants, Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company, offered the testimony of David Schindler, an employee of Johnson Controls, Inc. Mr. Schindler testified that the explosion was caused by overcharging the battery. He stated that this overcharge was probably the result of a faulty voltage regulator in the Darbonne's truck and that, therefore, the manufacturer was not responsible for the explosion. The trial court found that the battery was defective in construction or composition which constituted an unreasonably dangerous condition at the time the battery left the control of the manufacturer. The defendants appeal liability.

III.

LAW AND DISCUSSION

The Standard of Review

The reviewing court must give great weight to the factual conclusions of the trial court. Linzay v. Haas Inv. Co., Inc., 576 So.2d 1178 (La.App. 3 Cir.1991). Manifest error is the standard used by appellate courts to resolve conflicting factual evidence. Ambrose v. New Orleans Police Department Ambulance Service, et al., 93-3099 (La.7/5/94); 639 So.2d 216. This means that where a reasonable factual basis exists for those findings, they should not be disturbed by the appellate court in the absence of manifest error. Linzay, 576 So.2d 1178. A court of appeal may set aside a trial court's or a jury's finding of fact if it finds that there was manifest error or if the decision was clearly wrong. Mistich v. Volkswagen, 95-0939 (La.1/29/96); 666 So.2d 1073; Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978). If the trial court or jury findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse even if it is convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Stobart v. State, Through DOTD, 617 So.2d 880 (La.1993); Housley v. Cerise, 579 So.2d 973 (La.1991); Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106 (La.1990). For the reviewing court, the issue to be resolved is not whether the trier of fact was wrong but whether the factfinder's conclusions were reasonable. Stobart, 617 So.2d 880; Theriot v. Lasseigne, 93-2661 (La.7/5/94); 640 So.2d 1305. Thus, where there is a conflict in the testimony, the trial court's reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review even if the appellate court may feel that its own evaluations and inferences are as reasonable. Arceneaux, 365 So.2d 1330; Watson v. State Farm Fire & Casualty Ins. Co., 469 So.2d 967 (La.1985).

The defendants argue that the manifest error standard of appellate review should not apply here because Mr. Nelson, plaintiff's expert, did not appear in court. Instead, his findings were offered and accepted into evidence by means of a written deposition. They argue that the use of a written document rather than a live witness defeats the very purpose of the manifest error standard of review. It is true that one of the rationales for the application of the manifest errorclearly wrong rule in factual determinations is that of the accordance of due deference to the fact finder in witness credibility determinations. Mistich v. Volkswagen of Germany, Inc. et al., 95-0939 (La.1/29/96); 666 So.2d 1073; Rosell, 549 So.2d 840. Here, defendants argue, the trial court did not make a judgment as to the witness's demeanor and tone of voice which may bear on the listener's understanding and belief in what is said. However, Louisiana law applies the manifest error rule even when the evidence before the trier of fact consists solely of written reports, records and depositions. Shephard v. Scheeler, 96-1690 (La.10/21/97); 701 So.2d 1308; Guaranty Bank and Trust Co. of Alexandria v. Holiday Inn of Leesville Partnership, 525 So.2d 638 (La.App. 3 Cir.1988). Manifest error applies to all findings of fact regardless of the form of the evidence.

Further, the defendants argue that the manifest error standard of review should not apply because the trial court wrongly found that the evidence presented by the plaintiffs was sufficient to carry their burden of proof by a preponderance of the evidence. The defendants correctly argue that the sufficiency of the evidence is a legal issue and the manifest error rule applies only to issues of fact. The Louisiana Supreme Court has ruled that if a trial court commits legal error which interdicts the fact-finding process, the manifest error standard is no longer applicable, and, if the record is otherwise complete, the appellate court should make its own independent de novo review of the record and determine by a preponderance of the evidence. Evans v. Lungrin, 97-541 (La.2/6/98); 708 So.2d 731.

Insufficiency of the evidence arguments ordinarily apply when the party with the burden of proof lacks the necessary evidence to tip the scales over to the level of the applicable standard, whether it be by beyond a reasonable doubt, by clear and convincing evidence, or as here, by a preponderance of the evidence. They also ordinarily apply when the evidence is undisputed, but the defendant contends that, as a matter of law, the evidence is simply too tenuous to reach the required burden of proof. Here, in fact, the Darbonnes, the party bearing the burden of proof, do offer evidence to prove the elements of their cause of action in the form of the testimony of their expert witness. This evidence is contested by Johnson Controls and its insurer who offer their own expert testimony. The case therefore boils down to a battle of the experts over how to explain the cause of the explosion by looking at the battery after the fact. As the reviewing court, we must first resolve any factual conflicts by application of the manifest error rule. Ambrose, 639 So.2d at 224 (Lemmon, J. concurring). This rule dictates that the appellate court should not disturb the express or implied factual findings of the trier of fact. Id. Therefore we, as the reviewing court, must view all of the evidence in the light most favorable to the party who prevailed in the trial court. This evidence, which consists both of undisputed facts, that is, the explosion of the battery, and of disputed facts, that is, the cause of the explosion, is thus viewed under the manifest error rules.

"The Court's Inquiry into the Qualifications of Plaintiffs Expert Witness

The defendants assert that the trial judge...