Davis v. Husqvarna Motor
| Decision Date | 09 May 1990 |
| Docket Number | No. 21307-CA,21307-CA |
| Citation | 561 So.2d 847 |
| Parties | Phillip DAVIS, Jr., Plaintiff-Appellee, v. HUSQVARNA MOTOR, et al., Defendants-Appellants. 561 So.2d 847 |
| Court | Court of Appeal of Louisiana — District of US |
Davenport, Files & Kelly by Thos. W. Davenport, Jr., Monroe, for defendants-appellants.
Nelson, Hammons & White by John L. Hammons, Shreveport, C. Sherburne Sentell, Jr., Minden, for plaintiff-appellee.
Before HALL, MARVIN and SEXTON, JJ.
This is an appeal by defendant-appellant, McKinney Saw and Cycle, Inc. (hereinafter referred to as "McKinney"), claiming numerous errors in the trial court's findings against it in favor of plaintiff-appellee, Phillip Davis, Jr. Plaintiff-appellee answers the appeal, also asserting error by the trial court. We amend and affirm as amended.
During the year 1982, McKinney was the authorized and franchised dealer of products manufactured by Husqvarna Motor (hereinafter referred to as "Husqvarna"). These products, including power saws, were sold at retail by McKinney at its place of business in Ruston, Louisiana. Husqvarna is a Swedish corporation and has a factory representative in the United States. In 1982, Huskipower Outdoor Equipment Corporation (hereinafter referred to as "Huskipower"), with its home office in Charlotte, North Carolina, and a branch office in Shreveport, Louisiana, was the designated distributor for the products of Husqvarna in Arkansas, Mississippi, and Louisiana. The factory representative of Husqvarna dealt directly with the designated distributors who, in turn, dealt directly with the designated dealers in the geographical territory assigned to each distributor. By this marketing scheme, McKinney was required to purchase new Husqvarna products and parts from Huskipower.
In October of 1982, McKinney purchased a Model 65 Husqvarna power saw from Huskipower for resale at retail. Huskipower had modified the vent valve on this model, and employees of McKinney who worked in its repair shop were aware of this modification. On November 16, 1982, McKinney sold a model 65 Husqvarna power saw to Mr. Robert Singleton, plaintiff's employer, without advising him of the alteration.
McKinney's records reflect that this saw was returned on two occasions for repair work, on December 4, 1984, and on December 14, 1984. On neither occasion did McKinney repair the vent valve or advise Mr. Singleton of its modification.
On March 5, 1985, plaintiff and his sons were cutting pulpwood for Mr. Singleton and were using his equipment in their efforts. On that morning, plaintiff and his sons fueled, oiled, and sharpened the chain of the Husqvarna chain saw before beginning their day's work. After the initial supply of fuel had been exhausted, one of plaintiff's sons refilled the saw with fuel and oil and left it in an upright position while plaintiff went to examine a large tree that had to be felled. After this examination, plaintiff returned to the saw and prepared to start it. He pulled the choke lever out, engaging the choke, and cranked the saw one time. On this crank, the saw popped, and he pushed the choke lever in. He then pulled the starter cord for the second time, at which point the saw and plaintiff's clothing burst into flames.
Plaintiff's sons extinguished the flames, and plaintiff was taken to the Bienville General Hospital emergency room. He was then transferred to the Burn Unit at LSU Medical Center in Shreveport, where he remained hospitalized until March 14, 1985. He was finally diagnosed with second and third degree burns over 18 percent of his total body surface, as most of his right side had been in flames. Plaintiff underwent extensive skin grafting procedures from March 25 through March 31, 1985, and was later readmitted to LSU Medical Center from January 10 through February 9, 1988, undergoing further treatment for complications which had developed with his skin grafting procedures. Plaintiff's total medical bills were $64,411.57. Additionally, plaintiff was rendered totally and permanently disabled from any employment whatsoever.
In suit filed on February 24, 1986, plaintiff named Husqvarna, Boswork Distributing Company (hereinafter referred to as "Boswork"), and McKinney as defendants. Boswork was joined on allegations that it was the distributor for Husqvarna and that the power saw in question had been acquired by McKinney from Boswork. Through later discovery, it was learned that Boswork did not become the distributor of Husqvarna until 1984 and that Huskipower was the distributor when McKinney acquired the power saw that it subsequently sold to Robert Singleton.
Prior to trial, plaintiff entered into a compromise of its claims against Husqvarna and Boswork, obtained an order of dismissal, and released these two parties. Plaintiff then proceeded to trial against McKinney. After trial, the jury returned its special verdict form, determining plaintiff's total damages to be $294,566.37 with fault apportioned as follows:
Plaintiff 0 percent
McKinney 20 percent
Husqvarna 80 percent 1
1 Neither party requested the addition of Huskipower to the special verdict
form as a non-party to whom fault could be apportioned in accordance with
In accordance with the special verdict form, a judgment was rendered awarding plaintiff damages of $58,913.27 against McKinney, this being 20 percent of the total damages awarded.
Appellant McKinney has taken this suspensive appeal which was followed by an answer to the appeal by the plaintiff-appellee Davis--each party having assigned four errors. These assignments of error present the following six issues:
(1) Extent of fault of McKinney and the plaintiff
(2) Extent of damages
(3) Extent of the judgment against McKinney
(4) Validity of plaintiff's motion in limine
(5) Assessment of expert fees
(6) Assessment of costs
FAULT OF McKINNEY AND THE PLAINTIFF
As is evidenced by the assignments of error, both parties contest the jury's findings of fault. The basis of McKinney's argument that the trial court erred in assessing any fault against it is that plaintiff did not prove that the modification of the vent valve on the saw which McKinney sold to Robert Singleton was the cause of the saw's explosion. The plaintiff contends that the jury was correct in finding that the saw was rendered unreasonably dangerous by Huskipower's modification to the vent value, based on the testimony of plaintiff's expert, Mr. Norman H. Sachnik.
The testimony at trial revealed that the chain saw manufactured by Husqvarna includes a fuel tank vent valve controlling the venting of the gas tank. The purpose of this valve is two-fold: First, it allows air to enter the gas tank from the outside to prevent the formation of a vacuum as the fuel is dispensed into the ignition system and carburetor. Second, it prevents the escape of gasoline from the tank through the valve. This valve is designed with a small stainless steel sphere approximately the size of a BB which moves upwards and downwards in a cylindrical slot inside the valve. When the sphere is down, it allows air to enter through the exterior opening at the top of the valve and pass into the fuel tank, thereby preventing the formation of a vacuum as gasoline exits the fuel tank into the ignition system. However, should the chain saw be turned over or should pressure from excessive fluids or vapors exist in the fuel tank, this sphere is forced upwards, where is seats, thereby preventing the inadvertent escape of flammable gasoline vapors or liquids.
According to Mr. Edward J. Barris, while the saw was in the possession of Huskipower, he and other employees of that corporation manually punched a hole in the top of the fuel tank vent valve by using a triangular chisel and a hammer. Mr. Barris testified that this modification was made to allow the pressure buildup in the gas tank to bleed off slightly faster than the valve in its present state would otherwise allow and that this modification was made after complaints by users of the saw that the saw would shut off when the engine became too hot. However, plaintiff's expert, Mr. Sachnik, testified that the punching of a triangular hole into the end of a circular valve destroyed the function of the valve by eliminating its ability to seat closed; therefore, both gasoline fluids and vapors could escape through the vent valve.
Based on Mr. Sachnik's testimony, the jury apparently chose to believe plaintiff's theory that the fire was caused by gasoline vapors and liquid which were allowed to escape and accumulate within the cowling of the saw near the spark plug as well as in the immediate area adjacent to the saw, these vapors becoming ignited when plaintiff attempted to crank the saw.
McKinney at trial tried to show that plaintiff in fact had no explanation for the cause of the fire. First, McKinney claims that plaintiff did not prove that there was an adequate supply of combustible material to start a fire such as that in the instant case. It claims that even Mr. Sachnik acknowledged that when the power saw is sitting in either an upright position or laying on its side with the oil and fuel openings upright and in a position to receive fluids (the only two positions that plaintiff and his sons testified that the saw was in on the morning in question), the vent valve is positioned at the very top and at the apex of height in the gas tank. In either of these positions, no fluid will escape through the modified vent valve. McKinney further claims that this fact was demonstrated in the presence of the jury by filling the fuel tank with water and placing it in both a side and an upright position. No fluid escaped in either situation. Further McKinney noted the presence in the tubing attached to the valve of a piece of porous felt material which is intended to...
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...to conclude what award for future medical expenses would be supported by the record. Holliday, 569 So.2d at 147; Davis v. Husqvarna Motor, 561 So.2d 847, 855 (La. App. 2nd Cir.), writ denied, 569 So.2d 958 (1990). We find the highest amount which reasonably could have been awarded under the......
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27,065 La.App. 2 Cir. 7/3/95, Williams v. City of Monroe
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