Dickerson v. Cushman, Inc.

• Decision Date: 12 October 1995
• Docket Number: No. 94-D-430-S.,94-D-430-S.
• Parties: Jimmy T. DICKERSON, et al., Plaintiff, v. CUSHMAN, INC., et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

909 F. Supp. 1467

Jimmy T. DICKERSON, et al., Plaintiff, v. CUSHMAN, INC., et al., Defendants.

No. 94-D-430-S.

United States District Court, M.D. Alabama, Southern Division.

October 12, 1995.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Lowell Landis Sexton, Blaine Celone Stevens, J. Greg Allen, LaBarron N. Boone, Montgomery, AL, for plaintiff.

Ronald G. Davenport, Robert Charles Ward, Jr., Montgomery, AL, James B. Carlson, Birmingham, AL, John S. Bowman, Jr., Sterling G. Culpepper, Jr., Donald R. Jones, Montgomery, AL, for defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

This matter is now before the court on three separate motions for summary judgment.¹ Defendant Tieco, Inc. ("Tieco"), filed its motion on April 21, 1995. Tieco then filed an amendment to its motion on May 5, 1995. The plaintiffs, Jimmy T. Dickerson ("Dickerson") and Matthew Hutton ("Hutton"), responded in opposition to Tieco's motion on May 12, 1995. Tieco then filed a second amendment to its motion on July 21, 1995.

Defendants Upper Midwest Industries, Inc. ("UMI"), and Kuker-Parker Industries, Inc. ("Kuker"), each filed separate motions for summary judgment on May 10, 1995. The aforementioned plaintiffs responded in opposition to each of these motions on May 30, 1995. On August 17, 1995, UMI filed a supplemental brief and evidence in support of its motion.

After careful consideration of the arguments of counsel, the relevant case law, and the record as a whole, the court finds that (1) Defendant Tieco's motion for summary judgment is due to be denied; (2) Defendant UMI's motion for summary judgment is due to be denied; and (3) Defendant Kuker's motion for summary judgment is due to be denied.

JURISDICTION AND VENUE

Jurisdiction is proper pursuant to 28 U.S.C. § 1331 and 16 U.S.C. § 457 because the plaintiffs allege a civil action to recover damages for injuries sustained in a place subject to the exclusive jurisdiction of the United States and within the exterior boundaries of a state.

STATEMENT OF FACTS

On May 11, 1993, Plaintiffs Dickerson and Hutton were operating a Cushman three-wheel turf truckster equipped with a Kuker 150-gallon sprayer system. The plaintiffs were spraying weeds on a slope on the Army post at Fort Rucker, Alabama. As Dickerson and Hutton were traveling west at a speed of about two miles an hour along the right-of-way of Christian Road, the subject vehicle hit a small indention about the size of a pie plate and approximately 1-2 inches deep which caused the truckster to overturn. As a result of the accident, both Dickerson and Hutton were injured.

The Cushman truckster involved in the accident was equipped with a sprayer system designed and manufactured by Kuker specifically for the Cushman three-wheel vehicle that is the subject of this lawsuit. Kuker had integrated a spray tank that was manufactured and designed by UMI into its sprayer system. Tieco, the retailer, then combined the Kuker sprayer system with the Cushman three-wheeler and sold it to the Department of the Army at Fort Rucker.

The plaintiffs base their claims against Tieco, UMI, and Kuker on three separate tort theories: the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD"), negligence, and wantonness. Specifically, the plaintiffs allege in Counts I and IV that defendant Tieco engineered, designed, manufactured, labeled, and sold or marketed a defective Cushman sprayer in violation of the AEMLD. The plaintiffs further contend in Counts II, III, V, and VI that Tieco wantonly and/or negligently designed, manufactured, tested, inspected, distributed, labeled and/or sold the Cushman sprayer. The plaintiffs next allege in Count VII that defendant Kuker violated the AEMLD for distributing, selling, and/or marketing a defective sprayer system. The plaintiffs also allege in Counts VIII and XI that Kuker was negligent and/or wanton in its design, manufacture, testing, inspection, distribution, labeling, and/or sale of the sprayer system. As to defendant UMI, the plaintiffs claim in Count X that it sold, distributed, or marketed a defective Turf Choice spray tank that was integrated into the Kuker sprayer system in violation of the AEMLD. In addition, the plaintiffs claim in Counts XI and XII that UMI wantonly and/or negligently designed, manufactured, tested, inspected, distributed, labeled and/or sold the spray tank.

The plaintiffs allege that two separate design defects contributed to the instability of the Cushman sprayer and caused it to roll over resulting in injury to the plaintiffs. First, they claim that the three-wheel design of the Cushman three-wheel truckster was unstable and unfit for its intended use as a sprayer. According to the plaintiffs, the Cushman three-wheel truckster was defective because it was not equipped with seat belts and a rollover protection structure ("ROPS"). Second, the plaintiffs claim that the spray tank designed and manufactured by UMI was unfit for its intended use as a spray reservoir. They claim that the spray tank should have been manufactured with internal baffles to prevent the free movement of liquid inside the tank. According to the plaintiffs, the absence of baffles in the spray tank made the Cushman truckster more likely to turn over because the weight of the liquid was able to shift more easily within the tank.

The plaintiffs also claim that the retailer, Tieco, caused the vehicle to become more dangerous. Namely, Tieco substituted a sprayer system with a 150-gallon spray tank for a sprayer system with a 120-gallon spray tank even though the employer of the plaintiffs had ordered a sprayer system with a 120-gallon capacity.

SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate only if it is shown "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The Supreme Court has stated:

The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be "no genuine issue as to any material fact," since a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The Court has noted, on the other hand, that "there is no issue for trial unless there is sufficient evidence favoring the non-moving party for a jury to return a verdict for that party. If the evidence is merely colorable or is not significantly probative, summary judgment may be granted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986) (citations omitted). Summary judgment is improper "if the dispute about a material fact is `genuine' that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. at 248, 106 S.Ct. at 2510. See Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989). At the summary judgment stage, the court must construe the evidence and all factual inferences arising from it in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). The party asking for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex, 477 U.S. at 323, 106 S.Ct. at 2553 (citing Fed.R.Civ.P. 56(c)).

DISCUSSION

Kuker's Motion for Summary Judgment

Defendant Kuker combined the spray tank manufactured by UMI with its own sprayer equipment and sold it as a sprayer system to Tieco. According to the testimony of Robert D. LeClaire ("LeClaire"), a former production planner and purchaser for Kuker, Kuker's sprayer system was specifically manufactured, designed, and marketed for use on the Cushman three-wheel vehicle involved in the accident. LeClaire's Dep. at 12-15, 17. Furthermore, LeClaire testified that Kuker's engineering department tested the sprayer system on the Cushman three-wheel model that is the subject of this lawsuit. LeClaire's Dep. at 21, 25-26.

Kuker does not dispute that the plaintiffs have submitted evidence that, if admissible, would require the court to deny its motion for summary judgment. Instead, Kuker attacks the admissibility of the testimony of plaintiffs' expert witness, Dr. Bryan R. Durig ("Dr. Durig"), on the basis that Dr. Durig is unqualified to issue an expert opinion on mobile tank design.

Admissibility of Plaintiffs' Expert Testimony

The Supreme Court of Alabama has recognized that expert testimony is usually required in cases involving complex products or claims. Brooks v. Colonial Chevrolet-Buick, 579 So.2d 1328, 1332 (Ala.1991). According to the Federal Rules of Evidence, it is the trial court's responsibility to determine whether a person is qualified to testify as a witness. Rule 104(a). The Federal Rules of Evidence also set forth the situations in which expert testimony may be used by a party. Rule 702 provides as follows:

If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

Federal Rules of Evidence. Thus, a court must make a determination of whether the expert's testimony would assist the trier of fact. Kingsley...