Erwin v. Jeep Corp., 86-1512

• Decision Date: 23 February 1987
• Docket Number: No. 86-1512,86-1512
• Citation: 812 F.2d 172
• Parties: , Prod.Liab.Rep.(CCH)P 11,293 Teresa Charlene ERWIN, Appellant, v. JEEP CORPORATION, a foreign corporation, and American Motors Corporation, a foreign corporation, Appellees.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 172

812 F.2d 172

55 USLW 2536, Prod.Liab.Rep.(CCH)P 11,293

Teresa Charlene ERWIN, Appellant, v. JEEP CORPORATION, a foreign corporation, and American Motors Corporation, a foreign corporation, Appellees.

No. 86-1512.

United States Court of Appeals Fourth Circuit.

Argued Oct. 6, 1986.

Decided Feb. 23, 1987.

Larry Klein, West Palm Beach, Fla. (Smith, Bonfoey & Queen, Waynesville, N.C., Lytal & Reiter, Jane Kreusler-Walsh, John R. Beranek, Klein & Beranek, West Palm Beach, Fla., on brief), for appellant.

Joseph W. Yates, Barbara B. Weyher, (Yates, Fleishman, McLamb & Weyher, Raleigh, N.C., on brief), for appellees.

Before WIDENER and PHILLIPS, Circuit Judges, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

PER CURIAM:

Teresa Charlene Erwin appeals the district court's grant of summary judgment in favor of the defendant Jeep Corporation. Miss Erwin filed this product liability action against Jeep in the United States District Court for the Western District of North Carolina seeking damages for personal injuries she sustained in an automobile accident. Jurisdiction was based upon diversity of citizenship pursuant to 28 U.S.C. Sec. 1332. Miss Erwin's allegations against Jeep included breach of warranty, negligence in failing to properly design and manufacture the 1979 Jeep CJ-7 or to warn of its defects, strict liability in tort, and gross negligence and wanton misconduct. Jeep moved for summary judgment on the ground that the automobile accident was not caused by any design defect and that under North Carolina law it cannot be liable on a crashworthiness theory. The district court agreed and granted summary judgment for Jeep. We conclude that the district court's interpretation of North Carolina law is correct, and therefore affirm.

On October 21, 1983, Miss Erwin was driving her 1979 Jeep CJ-7 south on Highway 23B in Sylva, North Carolina. A 1981 Chevrolet entered Miss Erwin's lane of traffic and struck the left front of Miss Erwin's Jeep. As a result of that impact, Miss Erwin's left front tire ruptured, and the left front wheel assembly was damaged. This collision and the damage to the Jeep caused it to steer to the left. Turning to the left caused the Jeep to follow a curved path to its left, during which the Jeep crossed two northbound lanes, turned over, ending up on its right side and then struck a 1970 Buick heading northbound. Miss Erwin was rendered a paraplegic as a result of the accident.

In her complaint, Miss Erwin alleged among other things that the Jeep CJ-7 possessed design defects that caused it to roll over after impact with the Chevrolet resulting in serious injury to her. She also alleged that the windshield frame and rollbar were of inadequate strength and geometry and that such a design defect caused or contributed to her spinal injury. Miss Erwin does not contend that any defect in the Jeep caused or contributed to the initial collision with the Chevrolet.

In Wilson v. Ford Motor Co., 656 F.2d 960 (4th Cir.1981), and again in Martin v. Volkswagen of America, Inc., 707 F.2d 823 (4th Cir.1983), we considered whether North Carolina would apply the crashworthiness doctrine in cases such as this one where the defect neither caused nor contributed to the collision. After finding no North Carolina Supreme Court or Court of Appeals opinion deciding this issue, the Wilson court was of opinion that North Carolina would not apply a second crash theory under such facts. The Martin court reexamined that holding and again held that North Carolina would not hold a manufacturer liable for injuries arising from a defect that neither caused nor contributed to the collision.

Miss Erwin argues that since the Wilson and Martin cases were decided the North Carolina Supreme Court has extended proximate cause and foreseeability to include the concept of crashworthiness, relying upon Hairston v. Alexander Tank and Equipment Co., 310 N.C. 227...