Hamilton Fixture Co., Inc. v. Anderson, 47223

• Decision Date: 19 November 1973
• Docket Number: No. 47223,47223
• Citation: 285 So.2d 744
• Parties: HAMILTON FIXTURE COMPANY, INC., Defendant-Appellant, v. Dr. Thomas J. ANDERSON and Katherine B. Anderson, Plaintiffs-Appellees.
• Court: Mississippi Supreme Court

Page 744

285 So.2d 744

HAMILTON FIXTURE COMPANY, INC., Defendant-Appellant, v. Dr. Thomas J. ANDERSON and Katherine B. Anderson,

Plaintiffs-Appellees.

No. 47223.

Supreme Court of Mississippi.

Nov. 19, 1973.

Rehearing Denied Dec. 10, 1973.

M. M. Roberts, S. Wayne Easterling, Robert M. Sullivan, Hattiesburg, for defendant-appellant.

Deavours, Weems & Gilchrist, Laurel, for plaintiffs-appellees.

PATTERSON, Justice:

This appeal arises from the Circuit Court of Jones County, Second District, where Dr. Thomas J. Anderson and his wife were awarded a judgment of $9,322.55. The judgment resulted from damages to their home caused by excessive moisture emitted into it by a humidifier attached to the heating and air conditioning system. This system, including the humidifier, was installed by Hamilton Fixture Company, Inc., defendant-appellant.

The plaintiffs' declaration is founded upon the theory of strick liability in tort as distinguished from conventional notions of negligence emanating from either the common or statutory law. The answer of Hamilton Fixture Company, Inc., hereinafter Hamilton, admits the installation of the air conditioning system, including the humidifier, but avers that the installation was accurately and properly effected without fault and that it was guilty of no negligence which contributed to the injuries complained of and that no recovery should be had against it.

The evidence developed during the course of the trial followed generally the theories set forth in the declaration and answer to which the jury responded by a verdict for the plaintiffs. Since there is little controversy relating to damages to the house and the sum awarded therefor, we direct our attention to the application of the principles announced in State Stove Manufacturing Company v. Hodges, 189 So.2d 113 (Miss.1966), to the present factual situation.

The Andersons contracted with Howard Johnson, a realtor, for the purchase of a lot and the construction of a house thereon in the city of Laurel. Johnson in turn contracted with W. C. Rigney to construct the house and with Hamilton to furnish and install the central heating and air conditioning system. When the house was in its final phase of construction and when the installation of the heating and air conditioning system was virtually completed, the Andersons decided to have a humidifier included as a part of the system. Hamilton was engaged for and undertook this project, including design of the system, the supply of the component parts and materials and the installation work.

The structure was completed in July 1965 at which time the air conditioning system was tested by Hamilton and found to be functioning properly, no defects being observed at the time in either the air conditioning unit or the humidifier. Thereafter the home was occupied by the Andersons. The humidifier was not initially used, but was turned on in October when heat was needed for comfort.

In January 1966 the Andersons observed evidence of excess humidity within the home. This was manifested by icing on the inside of the windows and wet carpets. Thereafter, numerous other abnormalities made their appearance, including, but not limited to, the following: Some of the doors could not be opened or closed; the steps to the stairway began to squeak and come loose; some of the studs in the house warped; the sheetrock cracked; the interior paneling swelled and 'bucked' out; exposed metal fixtures rusted and some of the furniture came unglued and began to disintegrate. Alarmed by these conditions the Andersons sought the help of Rigney who had constructed the house. Since he was ill, he advised them to contact a local air conditioning dealer who had been in the employ of Hamilton when the air conditioning system and humidifier were installed. The dealer inspected the condition of the residence and concluded the humidifier should not be further used. In accord with this it was turned to its 'off' position, but it was not otherwise altered.

In February, James Hamilton, president of the defendant company, and Rigney inspected the Anderson home. They were of the opinion the damage was the result of excess moisture though they were unable to determine its source.

W. W. Drinkwater, a consulting engineer, was then engaged to find the source and cause of the excess moisture. He made an intense investigation of the house and conducted tests from which he concluded the humidifier was the source of the trouble. it was his opinion, after he had qualified as an expert witness, that the design of installation was the cause of the humidifier's malfunction.

He testified for the appellees that several elements of the design were contrary to generally accepted engineering practices. Included in his testimony were statements that the humidifier was improperly located on the warm air side of the furnace downstream from the return air filter. There were no air-turning vanes in the ducts and a humidistat was not installed to control the level of moisture emitted. As the result of the placement of the humidifier and the omission of the air vanes and humidstat, both permitted by the design, he approximated that 360 gallons of excess water were discharged into the structure. He illustrated by stating the moisture content of the wood from which the house was constructed was 30% to 35% as contrasted with a norm of 12%. It was his opinion that had the humidifier system been...