Griffin v. Kandi Techs. Corp., s. SD 33023 & SD 33024 CONSOLIDATED
| Decision Date | 31 December 2014 |
| Docket Number | Nos. SD 33023 & SD 33024 CONSOLIDATED,s. SD 33023 & SD 33024 CONSOLIDATED |
| Parties | Lena Griffin, and Janie Elder, Plaintiffs–Appellants, v. Kandi Technologies Corporation, Zhejiang Kandi Vehicle Co., Ltd., Rhino's Truck Accessories, and Ryan Brooks, Defendants–Respondents. |
| Court | Missouri Court of Appeals |
Attorneys for Appellants—James T. Corrigan, St. Louis, MO, Daniel T. Defeo, Lexington, MO.
Attorneys for Respondents—Derrick S. Kirby, Doniphan, MO, Justin A. Hardin, St. Louis, MO.
This appeal arises from a wrongful death law suit. Two men were killed in a go-kart incident, and their surviving family members sued the manufacturers, distributors, and sellers of the go-kart, alleging various counts of strict liability and negligence. The manufacturers and distributors ultimately obtained a jury verdict in their favor. The families appeal, challenging two pre-trial rulings. The points on appeal are without merit, and the trial court's judgment is affirmed.
On March 2, 2006, Lena Griffin (“Ms. Griffin”) and Benjamin Wayne Griffin (“Mr. Griffin”) purchased a go-kart. Their friend Jackie Honea (“Mr. Honea”) was present at the time of the purchase. Later that afternoon, the go-kart flipped over while Mr. Griffin was driving, and Mr. Honea was riding as a passenger. According to a highway patrol accident reconstruction report, the incident occurred when the go-kart vaulted off a hump in Mr. Griffin's driveway. When the vehicle landed, the front frame struck the ground first, and both occupants were ejected. The report further explained that at the time of the incident, the vehicle was traveling approximately 34 miles per hour over rough terrain, and neither of the men was wearing his safety belt. Both men received severe head injuries and died as a result of the crash. No one actually witnessed the crash.
Ms. Griffin, her children, and Mr. Honea's mother Janie Elder (“Ms. Elder”) (collectively “Plaintiffs”) subsequently filed a wrongful death suit. The named defendants included three separate groups involved in the manufacture and sale of the go-kart: (1) the companies responsible for the manufacture of the go-kart—Zhejiang Kandi Investments Group (“Kandi Investments”); Kandi Technologies Corporation (“Kandi Technologies”); and Zhejiang Kandi Vehicles Company, Ltd. (“Kandi Vehicles”)—(2) the companies responsible for importing the go-kart—SunL Group, Inc. (“SunL”) and Ham Trading, Inc. (“Ham”)—and (3) the people and organizations who participated in the ultimate sale of the go-kart to the Griffins—Rhino's Truck Accessories (“Rhino's”); the sole proprietor of Rhino's, Ryan Brooks (“Mr. Brooks”); Supertints Window Tinting (“Supertints”); and the owner of Supertints, Michael Keith Hampton (“Mr. Hampton”). Plaintiffs raised claims of strict liability and negligence against Kandi Investments, Kandi Technologies, Kandi Vehicles, Ham, and SunL. They also alleged Rhino's, Mr. Brooks, Supertints, and Mr. Hampton were negligent for failing to inspect the go-kart and for failing to warn of the go-kart's alleged defects.
Rhino's and Mr. Brooks subsequently sought summary judgment based on the argument that they did not know or have reason to know of the go-kart's alleged defects. The trial court granted Rhino's and Mr. Brooks's motion for summary judgment.
The case then went to trial against the remaining defendants. The jury found against the Plaintiffs and in favor of the defendants, and the trial court entered judgment accordingly. Plaintiffs appeal, challenging the trial court's ruling on Rhino's and Mr. Brooks's motion for summary judgment and the trial court's ruling on a motion to set aside a default judgment entered prior to trial.
In their first point and their second point, Plaintiffs argue the trial court erred in granting summary judgment because Rhino's and Mr. Brooks failed to show an absence of a genuine issue of material fact. In their third point, Plaintiffs argue the trial court erred in granting summary judgment because Rhino's and Mr. Brooks failed to prove they were entitled to judgment as a matter of law as there were facts in dispute regarding whether Rhino's and Mr. Brooks (1) sold the go-kart and (2) knew or should have known about the alleged defects of the go-kart. We address these points together.
Appellate review of the trial court's decision regarding a motion for summary judgment is de novo. ITT Commercial Fin. Corp. v. Mid–Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). “Facts set forth by affidavit or otherwise in support of a party's motion are taken as true unless contradicted by the non-moving party's response to the summary judgment motion.” Id. Furthermore, the reviewing court “will review the record in the light most favorable to the party against whom judgment was entered.” Id.
“Missouri's Rule 74.04 sets out a procedure for granting summary judgments in cases in which the movant can establish that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law.” Id. at 377. Under that rule:
a ‘defending party’ may establish a right to judgment by showing (1) facts that negate any one of the claimant's elements facts, (2) that the non-movant, after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find the existence of any one of the claimant's elements, or (3) that there is no genuine dispute as to the existence of each of the facts necessary to support the movant's properly-pleaded affirmative defense.
Id. at 381 (emphasis in original).
Here, Plaintiffs sought to recover against Rhino's and Mr. Brooks on a theory of negligent failure to warn and negligent failure to inspect. For that claim, Missouri courts have adopted the test from Section 388 of the Restatement (Second) of Torts. Morris v. Shell Oil Co., 467 S.W.2d 39, 42 (Mo.1971). Thus:
Id. Accordingly, Rhino's and Mr. Brooks sought summary judgment stating “Plaintiffs cannot establish that [Rhino's and Mr. Brooks] knew or should have known of the alleged defects of the subject go-kart or that [Rhino's and Mr. Brooks] failed to use ordinary care during the allege[d] sale of the subject go-kart.” Thus, the issue in this case is whether there are undisputed facts showing Rhino's and Mr. Brooks did not know or did not have reason to know the go-kart was likely to be dangerous for the use for which it was supplied. The following additional facts relevant to that issue are gleaned from the parties' statements of material uncontroverted facts, viewed in the light most favorable to Plaintiffs as the non-moving party. See ITT, 854 S.W.2d at 376.
At the time the Griffins bought the go-kart, Mr. Brooks was the sole proprietor of Rhino's. He leased space to Supertints out of the building where he operated Rhino's, but he was not otherwise affiliated with Supertints. Rhino's and Supertints shared retail space, parking space, and computers, but the companies did not share a cash register. Supertints and Rhino's did not do anything to inform customers whether customers were purchasing a product from Supertints or Rhino's.
Mr. Hampton was the owner of Supertints. Mr. Hampton bought go-karts from SunL for retail sale. Mr. Hampton usually unpackaged and assembled the go-karts. Occasionally his employee Michael Snyder (“Mr. Snyder”) would help him complete those tasks.
Mr. Brooks of Rhino's never helped Mr. Hampton un-package a go-kart. Mr. Brooks did not share in the profits from the sale of go-karts. However, Mr. Brooks admitted he had accepted deliveries for Mr. Hampton and had covered for Mr. Hampton when Mr. Hampton was not at work. Additionally, Mei Zhou (“Ms. Zhou”), an employee of SunL, believed Rhino's was one of SunL's customers but no documents reflected any business dealings between SunL and Rhino's.
Mr. Hampton had a back surgery in early 2006 and did not return to work until March 3, 2006. Mr. Snyder was working on March 2, 2006. Mr. Snyder does not remember selling any go-karts. Nevertheless, Mr. Hampton recalled receiving a call from Mr. Snyder on March 2, 2006, informing him a go-kart had been sold.
Ms. Griffin stated she assumed the people they bought the go-kart from worked for Rhino's because the building said Rhino's. The people they spoke with stated go-karts were safer than four-wheelers. Ms. Griffin remembered speaking to a male, but she could not describe the man and could not remember his name. At the time she and Mr. Griffin purchased the go-kart, Ms. Griffin was not aware Supertints existed.
Plaintiffs hired an expert to examine the go-kart.1 The expert discovered the castle nut in the lower suspension of the go-kart “was not torqued to specification, and in fact needed to be twisted with fingers.” This problem “would have had an effect on the steering and handling of the go-kart.” Furthermore, “[t]he castle nut and cotter pin could have easily been inspected and tightened to specification prior to the delivery of the go-kart to the Griffin family.”
With respect to the dangerous condition of the go-kart, Plaintiffs also submitted a 2000 report...
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