Deem v. Woodbine Manufacturing Company
| Citation | 546 P.2d 1207,89 N.M. 50,1976 NMCA 16 |
| Decision Date | 03 February 1976 |
| Docket Number | No. 1850,1850 |
| Parties | Guy DEEM, Individually and as Guardian of the Person and Estate of Eric Deem, a minor, Plaintiff-Appellant, v. WOODBINE MANUFACTURING COMPANY, Defendant-Appellee. |
| Court | Court of Appeals of New Mexico |
See 548 P.2d 452. David R. Gallagher, Gallagher, Ruud & Casados, Albuquerque, for plaintiff-appellant.
Bruce D. Black, Dale W. Ek, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defendant-appellee.
This is a products liability case tried by the court. It involves a hydraulic lift gate manufactured by the defendant and attached to the rear end of a delivery truck. Eric Deem, a four-year-old child, operated the lift gate and was injured. At the close of plaintiffs' case, the trial court granted defendant's motion to dismiss under Rule 41(b) of the Rules of Civil Procedure [Sec. 21-1-1(41)(b), N.M.S.A.1953 (Repl.Vol. 4) ]. Plaintiffs appeal. We reverse.
The trial court made the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. Since 1965 Defendant, Woodbine Mfg. Co., has manufactured and sold several thousand hydraulic lift gates for pickup trucks, which gate is commonly known as a "Tommy Lift Gate".
2. The "Tommy Lift Gate" was patented in February 1967, and is a lift gate of simple design and economical construction to be used on small trucks for the purpose of aiding in the loading and unloading of the same.
3. At all times material hereto, no changes have been made in the design and the manufacture of the "Tommy Lift Gate" except to increase the load capacity of the gate.
4. Prior to December 24, 1969, Albuquerque Appliance Renew, an Albuquerque reconditioned appliance dealer, had installed on a vehicle used in its business a "Tommy Lift Gate".
5. On December 24, 1969, Albuquerque Appliance Renew delivered a stove to the residence of the Plaintiffs, said delivery being made in a pickup upon which the "Tommy Lift Gate" had been installed.
6. The unloading of the stove, including the operation of the lift gate, was observed by the Plaintiff, Eric Deem, age four, and his sister, Lisa Deem, age five, who were standing close to the lift gate.
7. To operate the lift gate, assuming the gate is in an upright position and locked, the first step in the operation of the gate would be to manually unlatch the platform by removing the two latches on each side of the gate, the gate would then be manually dropped to a horizontal position at the level of the bed of the vehicle, the load then would be set upon the platform while in a horizontal position, the control level located on the left side of the truck would be raised on a vertical plane which would allow the gate to move towards the ground, once the gate is at ground level this load would be removed, and by pushing the control lever down on a vertical plane, the gate would be moved from the ground level to the level of the bed of the vehicle and then the gate would be closed in an upright position and latched manually.
8. After removing the stove from the platform while the same was at ground level, the delivery man did not raise the platform to a level of the bed of the vehicle and close and manually latch the same, but proceeded to move the stove into Plaintiffs' residence.
9. While the stove was being moved into Plaintiffs' residence, Plaintiff, Eric Deem, and his sister, Lisa Deem, started playing on the lift and giving each other rides thereon and while playing thereon, Eric Deem's left foot was caught in the moving parts of the lift located near the control lever.
10. Safety devices incorporated in the "Tommy Lift Gate" included a manual latching device which can be used when the lift is in an upright position and results in the lift being inoperative, warning instructions which are contained on a label placed on the unit at the factory and located near the operating level which warns individuals to keep their hands out of moving parts, the operating lever incorporates a spring mechanism which would require the exertion of approximately three to four pounds pressure, either up and down, if the lift is to be raised or lowered, and upon the release of the lever, it will return to a neutral position and movement of the lift will be stopped, and a lock device is an available option which will allow the operator to lock the lift in any position.
11. If the manual latching safety device had been used, the accident would not have occurred.
12. Safety devices incorporated in similar lift gates manufactured by competitors of the Defendant are substantially the same as incorporated in the "Tommy Lift Gate".
13. Since 1965 the "Tommy Lift Gate" has been used without the occurrence of any known injury to a minor and without any known injury of the kind sustained by the Plaintiff, Eric Deem.
14. The Defendant manufacturer exercised reasonable care in the design of the "Tommy Lift Gate", including incorporation of adequate safety devices therein.
15. The "Tommy Lift Gate", including the safety devices incorporated therein, was safe for its intended use and for the use which could be reasonably anticipated.
16. Other possible designs incorporating additional safety devices, which are not now in use by the lift gate industries, would not have necessarily prevented the injury of the kind and nature sustained by the Plaintiff, Eric Deem.
1. The Court has jurisdiction over the subject matter and the parties hereto.
2. The "Tommy Lift Gate" manufactured by the Defendant was not manufactured in a defective condition.
3. The "Tommy Lift Gate" manufactured by the Defendant was not unreasonably dangerous to a user or consumer.
4. At all times material hereto, the "Tommy Lift Gate" was not used in a way in which it was intended.
5. The "Tommy Lift Gate" is not unsafe for its intended use.
6. The proximate cause of the injuries of which the Plaintiffs complaint [sic] was not the condition of the "Tommy Lift Gate".
7. The Defendant manufacturer exercised due, ordinary, and reasonable care in the design of the "Tommy Lift Gate".
8. The Defendant could not reasonably expect the Plaintiff, Eric Deem, to use the "Tommy Lift Gate" or to be endangered by its probable use.
9. The Defendant manufacturer could not reasonably foresee that Albuquerque Appliance Renew would use the lift gate in an obviously dangerous way when safe methods of use were readily apparent and available.
10. The proximate cause of the injuries of which the Plaintiff complaint [sic] was the negligence of a party other than the Defendant manufacturer.
Plaintiffs challenge the court findings No. 14, 15 and 16, and its conclusions No 8, 9 and 10. Plaintiffs also claim error in the failure of the trial court to adopt some of their requested findings.
Rule 41(b) of the Rules of Civil Procedure provides for involuntary dismissal. In substance, in a non-jury trial, at the close of plaintiff's case, the trial court may find the facts and render judgment against the plaintiff.
A host of New Mexico decisions guide us in the application of this rule.
It is the duty of the trial court to give plaintiff's evidence and testimony such weight as it believes it is entitled to receive. In doing so, the trial court has no right to disregard evidence which is uncontradicted and unimpeached and find contrary thereto. Findings which are diametrically opposed to such evidence lack support. Lorenzo v. Lorenzo, 85 N.M. 305, 512 P.2d 65 (1973); Frederick v. Younger Van Lines, 74 N.M. 320, 393 P.2d 438 (1964).
Upon review of the trial court's findings, we will view the evidence in the light most favorable to the defendant to determine whether the findings are supported by substantial evidence. Blancett v. Homestake-Sapin Partners, 73 N.M. 47, 385 P.2d 568 (1963).
We recognize the difficulties which arise (1) when we seek to determine what "findings of fact" made by the trial court are ultimate facts necessary to determine the issues in the case and (2) what "conclusions of law" state the conclusions deduced from the ultimate facts. Sometimes we say the "findings" or "conclusions" contain mixed questions of law and fact; that the "findings" contain evidentiary matters or "conclusions of law". Often, as shown in this case, we note "findings of fact" restated as "conclusions of law". We can titillate ourselves on this subject, but to do so does not assist us in arriving at an opinion.
We can best resolve this problem by stating the facts which are uncontradicted and unimpeached, and then determine whether the conclusions, deduced from the facts, properly denied relief under the doctrine of products liability.
The facts in this case are undisputed.
The defendant manufactured and sold a hydraulic lift gate which would be attached on the rear of a pickup truck. The lift gate is used to assist in the loading and unloading of heavy merchandise such as stoves. The method of operation is described in the court's finding No. 7. Albuquerque Appliance Renew had defendant's hydraulic lift gate attached on the rear of its truck. It delivered a stove to plaintiffs' residence. The driver lowered the lift gate to its ground level, removed the stove to plaintiffs' home, and left the lift gate at its ground level. Eric Deem, age four and his sister, Lisa Deem, age five, were standing close to the lift gate and observed the unloading, including the operation of the lift gate by a control level. Eric could easily use the control lever to operate the lift gate. He did operate the lift gate up and down and while doing so, his left foot was caught in the moving parts of the lift located near the control lever, resulting in his injury.
The defendant knew that his hydraulic lift gate would be used to a great extent in residential home areas. By expert testimony, plaint...
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