Hittle v. Scripto-Tokai Corp.

• Decision Date: 21 September 2001
• Docket Number: No. 4:CV-99-0736.,4:CV-99-0736.
• Citation: 166 F.Supp.2d 142
• Parties: Shirley HITTLE and John Hittle, Individually and as Administrator of the Estate of Jessica Hittle, Deceased, Plaintiffs, v. SCRIPTO-TOKAI CORPORATION; Tokai Corporation; and JMP Mexico, S.A. de C.V., Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

166 F.Supp.2d 142

Shirley HITTLE and John Hittle, Individually and as Administrator of the Estate of Jessica Hittle, Deceased, Plaintiffs, v. SCRIPTO-TOKAI CORPORATION; Tokai Corporation; and JMP Mexico, S.A. de C.V., Defendants.

No. 4:CV-99-0736.

United States District Court, M.D. Pennsylvania.

September 21, 2001.

As Corrected October 4, 2001.

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D. Bruce Kehoe, Indianapolis, IN, John M. Humphrey, Rieders Travis Humphrey Harris Waters & Waffenschmidt, Williamsport, PA, for plaintiffs.

Carl A. Eck, Paul R. Robinson, Meyer, Darragh, Buckler BeBenik, Eck & Hall, Pittsburgh, PA, for defendants.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On May 6, 1999, plaintiffs Shirley and John Hittle (the Hittles) commenced this action with the filing of a complaint, alleging that a fire in their home was caused by a household lighter manufactured and distributed by defendants Scripto-Tokai Corporation, Tokai Corporation, and JMP Mexico, S.A. de C.V (collectively, "Tokai") and marketed under the brand name "Aim `N Flame." John Hittle is the administrator of the estate of Jessica Hittle, who was fatally injured in the fire. The complaint advances legal theories of strict products liability, negligent design, negligent failure to warn, breach of warranty, and misrepresentation. On December 6, 1999, we dismissed the strict liability claims on the grounds that Jacob Hittle, the four-year-old child who lit the flame which caused the fire, was not an "intended user" of the lighter. Before the court is Tokai's motion for summary judgment, which will be granted in part and denied in part.

DISCUSSION:

I. ROLE OF A FEDERAL COURT

A federal court sitting in diversity must apply state substantive law and federal procedural law. Chamberlain v. Giampapa, 210 F.3d 154, 158 (3d Cir.2000) (citing Erie R.R. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938)). In this case, it is undisputed that Pennsylvania law applies. In the absence of a reported decision by the state's highest court addressing the precise issue before it, a federal court applying state substantive law must predict how the state's highest court would rule if presented with the case. See Nationwide Mutual Ins. Co. v. Buffetta, 230 F.3d 634, 637 (3d Cir.2000) (citation omitted). A federal court may give due regard, but not conclusive effect, to the decisional law of lower state courts. Id. (citation omitted). "The opinions of intermediate appellate state courts are `not to be disregarded by a federal court unless it is convinced by other persuasive data that the highest court of the state would decide otherwise.'" Id. (quoting West v AT & T Co., 311 U.S. 223, 237, 61 S.Ct. 179, 85 L.Ed. 139 (1940)). "In predicting how the highest court of the state would resolve the issue, [a federal court] must consider `relevant state precedents, analogous decisions, considered dicta, scholarly works, and any other reliable data tending convincingly to show how the highest court in the state would decide the issue at hand.'" Id. (quoting McKenna v. Ortho Pharm. Corp., 622 F.2d 657, 663 (3d Cir. 1980)).

II. SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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).

[T]he 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 nonmoving party's case necessarily renders all other facts immaterial. The moving party is `entitled to judgment as a matter of law' because the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.

Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "Summary judgment is appropriate only when the record could not lead a reasonable jury to find for the non-moving party." Crissman v. Dover Downs Entertainment, Inc., 239 F.3d 357, 360-61 (3d Cir. 2001) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

The moving party bears the initial responsibility of stating the basis for its motions and identifying those portions of the record which demonstrate the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. It can discharge that burden by "`showing' — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party's case." Id. at 325, 106 S.Ct. 2548.

"An issue [of fact] is `genuine' only if a reasonable jury, considering the evidence presented, could find for the non-moving party." Surace v. Caterpillar, Inc., 111 F.3d 1039, 1043 (3d Cir.1997) (quoting Childers v. Joseph, 842 F.2d 689, 693-94 (3d Cir.1988)). Material facts are those which will affect the outcome of the trial under governing law. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The court may not weigh the evidence or make credibility determinations. Boyle v. County of Allegheny, 139 F.3d 386, 393 (3d Cir.1998) (citations omitted). "When a court is deciding a motion for summary judgment, `inferences should be drawn in the light most favorable to the non-moving party, and where the non-moving party's evidence contradicts the movant's, then the non-movant's must be taken as true.'" Carter v. Exxon Co. USA, 177 F.3d 197, 202 (3d Cir.1999) (quoting Big Apple BMW, Inc. v. BMW of North America, Inc., 974 F.2d 1358, 1363 (3d Cir.1992)).

Once the moving party points to evidence demonstrating that no issue of material fact exists, the non-moving party has the duty to set forth specific facts showing that a genuine issue of material fact exists and that a reasonable factfinder could rule in its favor. Ridgewood Bd. of Educ. v. N.E., 172 F.3d 238, 252 (3d Cir. 1999) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). "Speculation and conclusory allegations do not satisfy this duty." Ridgewood, 172 F.3d at 252 (citing Groman v. Township of Manalapan, 47 F.3d 628, 637 (3d Cir. 1995)). That is, "[o]nce the moving party points to evidence demonstrating no issue of material fact exists, the non-moving party has the duty to set forth specific facts showing that a genuine issue of material fact exists and that a reasonable factfinder could rule in its favor." Ridgewood, 172 F.3d at 252 (citations omitted). To that effect, "a nonmoving party ... cannot defeat summary judgment simply by asserting that a jury might disbelieve an opponent's affidavit [as to a material fact]." Schoonejongen v. Curtiss-Wright Corporation, 143 F.3d 120, 130 (3d Cir.1998) (citations omitted).

III. STATEMENT OF ISSUES

The Hittles' claims focus primarily on the deficient design of the Aim `N Flame. Tokai responds largely by arguing that many of the Hittles' claims are barred as a matter of law. We must decide:

(1) whether the Hittles' state tort claims are preempted by the Consumer Products Safety Act, 15 U.S.C. § 2051 et seq., and its accompanying regulations;

(2) whether the Hittles' negligence claims may survive in the absence of a viable claim of strict products liability;

(3) whether, if the negligence claims survive, the Hittles have produced enough evidence to survive summary judgment on the claims of negligent design and/or negligent failure to warn;

(4) whether a jury could find that Tokai breached any implied or express warranties of merchantability;

(5) whether there is sufficient evidence that Tokai made any misrepresentations with regard to the Aim `N Flame; and

(6) whether, assuming the Hittles' victory at trial, punitive damages would be appropriate.

IV. STATEMENT OF FACTS

On May 1, 1998, the Hittles purchased two butane multipurpose utility lighters marketed and sold under the brand name "Aim `N Flame" from a Wal-Mart store located in Bloomsburg, Pennsylvania. At the time of the purchase, the lighters' packaging contained a warning to "KEEP AND STORE AWAY FROM CHILDREN." The packaging also contained reference to an "on/off" switch, which could be seen through the packaging.

Upon returning to their home following the purchase of the lighters, John either placed the lighters on a recliner in the living room or placed one lighter in the top drawer and one on the kitchen table. That evening, Jacob obtained possession of one of the lighters and a candle. He entered the Hittles' bathroom with both of the objects in hand, asking if they could light the candle. John took the lighter from Jacob, put the lighter in its "off" position, and tested the lighter by squeezing the trigger. When no flame came out, he put the lighter on a shelf behind the kitchen sink.

On May 3, 1998, John left for work at 4:30 AM. Shirley woke up at 1:00 PM and after finding that both Jessica and Jacob were asleep, she stepped into the shower. While Shirley was in the shower, Jacob obtained possession of the lighter and used the lighter to start a fire, which killed Jessica and severely injured Shirley.

V. PREEMPTION

Tokai contends that all of the Hittles' state tort claims are preempted by federal regulations enacted by the Consumer Product Safety Commission (Commission) pursuant to the Consumer Products Safety Act (the Act). The Act provides:

Whenever a consumer product safety standard under this chapter is in effect and applies to a risk of injury associated with...