Dennis By and Through Dennis v. American Honda Motor Co., Inc.

• Decision Date: 16 August 1991
• Citation: Dennis By and Through Dennis v. American Honda Motor Co., Inc., 585 So.2d 1336 (Ala. 1991)
• Parties: Prod.Liab.Rep. (CCH) P 12,902 Autrey L. DENNIS, Jr., an incompetent, who sues By and Through his mother and court appointed guardian, Wilhemenia DENNIS, et al. v. AMERICAN HONDA MOTOR COMPANY, INC. 89-1841.
• Court: Alabama Supreme Court

Page 1336

585 So.2d 1336

Prod.Liab.Rep. (CCH) P 12,902

Autrey L. DENNIS, Jr., an incompetent, who sues By and Through his mother and court appointed guardian, Wilhemenia DENNIS, et al. v. AMERICAN HONDA MOTOR COMPANY, INC.

89-1841.

Supreme Court of Alabama.

Aug. 16, 1991.

Patrick M. Sigler and Stephen C. Moore, and Daniel A. Pike, Mobile, for appellant.

De Martenson of Huie, Fernambucq & Stewart, Birmingham, and Charles J. Fleming of Gardner, Middlebrooks & Fleming, Mobile, for appellee.

Ted Taylor and Leah O. Taylor of Taylor & Roberson, Prattville, for amicus curiae Alabama Trial Lawyers Ass'n.

KENNEDY, Justice.

This is an appeal from a judgment based on a jury verdict in favor of the defendant. We reverse and remand.

The issue is whether the trial court erred in charging the jury on contributory negligence as it related to the cause of the accident.

On August 23, 1985, 18-year-old Autrey Dennis, Jr., was severely and permanently injured when the motorcycle he was driving collided with a log truck. When the collision occurred, Dennis was wearing a used "Hondaline Stag" motorcycle helmet. These helmets were marketed and distributed by American Honda Motor Company ("Honda") in 1976.

Dennis and his mother sued Honda, claiming that under the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD"), the helmet was defective in its design and manufacture and that the helmet was not fit for its particular purpose. The plaintiffs also alleged two counts of negligence and two counts of wantonness against Honda.

At trial, the testimony concerning the cause of the accident was conflicting. A witness for the plaintiffs testified that she saw the accident happen. She stated that the log truck was making a wide right turn (using two lanes of traffic) when the truck hit Dennis. Testimony from the driver of the log truck and two witnesses who arrived on the scene immediately after the collision, indicated that Dennis was speeding and ran into the back of the log truck. Also, evidence from a forensic scientist suggested that Dennis's motorcycle struck the rear of the truck.

Both parties had expert witnesses testify as to the safety of the helmet. One of the plaintiffs' experts testified that the helmet did not adequately manage the impact of the accident and thus, proximately caused Dennis's injuries. The expert further testified that in his opinion the helmet did not meet the Snell Memorial Foundation safety standards or the safety standards for the Department of Transportation when it was placed on the market.

Experts for Honda testified that the helmet worn by Dennis was too loose fitting because the comfort lining was missing from the inside of the helmet. They testified that as a result of the loose fit of the helmet, the helmet could not protect from an impact as well as it should have. An expert also testified that because of the loose fit and because of where the impact occurred, Dennis's helmet would tend to slide upwards, exposing the forehead. The expert testified that no open-faced helmet on the market would have provided any greater protection from this type of severe impact than the "Hondaline Stag" helmet.

During the trial court's oral charge to the jury, the judge stated as follows:

"The Defendant further says in further answer to the complaint, this Defendant American Honda avers that at the time and the place of the incident in question the Plaintiff himself was guilty of negligence which directly contributed to cause the accident and injuries in question.

"That is what we call an affirmative defense. An affirmative defense. It's called the affirmative defense of contributory negligence. Contributory negligence.

"I told you the Plaintiff had the burden of proof to prove the material averments as contained in the complaint. Where the Defendant raises that affirmative defense, however, the burden of proof is on the Defendant then to reasonably satisfy you of the truthfulness of that defense.

"And if you believe that the Plaintiff would be entitled to a judgment at your hands and if ... the Defendant reasonably satisfies you as to the truthfulness of its defense of contributory negligence, then the law says that that defense of contributory negligence wipes out the other claim of the Plaintiff or the judgment of the Plaintiff on the negligence claim...." (R.T. 1739-40)

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"And the affirmative defense as alleged by the Defendant of contributory negligence applies to the first count or the Alabama Extended Manufacturer's Liability Act [sic]...." (R.T. 1748)

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"The defendant raises the issue of contributory negligence. In other words, he says that first of all, that we, Honda, are not guilty of the allegations as made by the Plaintiff. And even if we were, we raise the issue of contributory negligence. That is that the Plaintiff himself, Mr. Autrey Dennis, was himself guilty of negligence. And I have already defined negligence to you.

"Negligent in the manner in which he operated the automobile or the motorcycle or negligence in the manner in which he used the product. Contributorily negligent.

"By this claim the Defendant claims that at the time and place specified the Plaintiff himself was negligent in and about the operation of the motor vehicle or in the manner in which he used the helmet and that the Plaintiff's own negligence proximately caused or proximately contributed to cause the injury and damages claimed by him...." (R.T. 1760)

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"Now regarding the misuse of the helmet claim, the Defendant American Honda has the burden of proving to your reasonable satisfaction that as a direct and proximate consequence of the alleged misuse of the Honda helmet that Mr. Dennis was wearing at the time of the accident that Autrey Dennis, Jr., suffered the injuries that he claims and that he sustained.

"The law says that a driver of a motorcycle must keep a lookout for those who are also using the highway and must exercise due care to anticipate the presence of others upon the highway or roadway.

"A motorcycle driver is chargeable with the knowledge of what a prudent and vigilant operator would have seen and is contributorily negligent if he fails to discover a vehicle which an operator could have discovered in time to avoid the injury.

"An operator is also contributorily negligent if he sees a vehicle located in a dangerous situation upon a highway and does not then exercise due care to avoid injury or damage.

"As I said, the Defendant in this case can prove contributory negligence on the part of Mr. Dennis by proving to your reasonable satisfaction that Mr. Dennis violated a rule or rules of the road during the operation of the motorcycle at the time of the accident in question. However, before such violation would be a defense on the part of the Defendant, such violation must proximately cause or proximately contribute to the injury complained of by the Plaintiff...." (R.T. 1762-63)

The trial court then charged the jury on applicable motor vehicle safety law under Title 32, Ala.Code 1975. The trial court stated that a violation of the motor vehicle safety law may be considered by the jury on the issue of contributory negligence. (R.T. 1763-67)

The plaintiffs specifically objected to the portions of the trial court's jury charge concerning contributory negligence as it related to the cause of the accident. The trial court overruled the objection and refused the request for an explanatory charge on contributory negligence. The jury returned a verdict in favor of the defendant.

As stated earlier, the issue in this case is whether the trial court erred in charging the jury on contributory negligence as it related to accident causation. Specifically, the plaintiffs argue that the trial court erred in charging that if the jury found Dennis to be contributorily negligent in causing the accident, he would be barred from recovery under his products liability claim.

First, the gravamen of an action under the AEMLD is that "the defendant manufactured or designed or sold a defective product which, because of its unreasonably unsafe condition, injured the plantiff or damaged his property when such product, substantially unaltered, was put to its intended use." Atkins v. American Motors Corp., 335 So.2d 134, 139 (Ala.1976). The purpose of the AEMLD is to protect consumers from injuries caused by defective products. General Motors Corp. v. Edwards, 482 So.2d 1176 (Ala.1985).

An action brought pursuant to the AEMLD is similar to a strict liability tort action under § 402A, Restatement (Second) of Torts, (1964). However, this Court rejected the no-fault concept of § 402A when it established the AEMLD. The Court retained the concept of fault in that "[t]he fault of the manufacturer, or retailer, is that he has conducted himself unreasonably in placing a product on the market which will cause harm when used according to its intended purpose." Atkins, 335 So.2d at 140. "Because our holding rejects the no-fault strict liability concept of the Restatement, we deem it appropriate to reemphasize that our retention of the fault concept is to be treated in the context of a defective condition, which renders the product unreasonably dangerous or unsafe when put to its intended use, rather than in the context of traditional notions of negligence law." Atkins, 335 So.2d at 139. The defendant must pay the consequences of placing an unreasonably dangerous or defective product on the market. "The negligence of the defendant is that he has conducted himself in a negligent manner by placing a product on the market causing personal injury or property damage, when used to its intended purpose." Casrell v. Altec Industries, Inc., 335 So.2d 128, 132 (Ala.1976).

There are certain defenses allowable to a claim under the AEMLD. As set out in Atkins, supra, general denials and affirmative defenses are available.

The affirmative defenses available are: (1) lack of causal relation, (2) assumption of risk,...