Horn v. Fadal Machining Centers, LLC

• Citation: 972 So.2d 63
• Decision Date: 09 February 2007
• Docket Number: 1051161.
• Parties: Angela Mitchell HORN, as personal representative of the estate of Pamela Ann Mitchell v. FADAL MACHINING CENTERS, LLC, and Cardinal Machinery, Inc.
• Court: Supreme Court of Alabama

972 So.2d 63

Angela Mitchell HORN, as personal representative of the estate of Pamela Ann Mitchell v. FADAL MACHINING CENTERS, LLC, and Cardinal Machinery, Inc.

1051161.

Supreme Court of Alabama.

February 9, 2007.

Rehearing Denied May 11, 2007.

David A. Kimberley of Cusimano, Keener, Roberts, Kimberley & Miles, P.C., Gadsden, for appellant.

Lawrence B. Clark and Jason Asbell of Baker, Donelson, Bearman, Caldwell & Berkowitz, Birmingham, for appellee Fadal Machining Centers, LLC.

Daniel S. Wolter and Brandon T. Bishop of Gaines, Wolter & Kinney, P.C., Birmingham, for appellee Cardinal Machinery, Inc.

WOODALL, Justice.

Angela Mitchell Horn, as personal representative of the estate of Pamela Ann Mitchell, appeals from a summary judgment in favor of Fadal Machining Centers, LLC ("Fadal"), and Cardinal Machinery, Inc. ("Cardinal"), in Horn's product-liability action against Fadal, Cardinal, and others for the wrongful death of Pamela Mitchell. We affirm in part, reverse in part, and remand.

I. Factual Background

Mitchell died on February 1, 2002, while operating a model VMC-6030HT vertical milling machine, one of three such machines purchased by her employer, Southern Defense Systems, Inc. ("SDS"), for use in its business. The machine cuts materials of various compositions, including metal and plastic. Its cutting tools are attached to a spindle that rotates at variable speeds from as low as 150 rpm to as high as 10,000 rpm. The machine can be operated in "manual mode" or in "automatic mode."

The machine was designed and manufactured by Fadal. SDS purchased it through Cardinal, a "sales/service" company, which also installed the machine on the premises of SDS on June 24, 1997, and made four visits to SDS between June 24, 1997, and February 1, 2002, to service or perform maintenance on the machine. At the time of its purchase and installation, the machine was equipped with impact-resistant "front door shields" ("the doors") that enclosed the cutting area. It also had an electronic feature described as a "safety interlock system" ("the interlock"), which automatically prevented the spindle from rotating when the doors were open and the machine was being operated in automatic mode. There was evidence indicating that the interlock was working properly on June 24, 1997, when the machine was installed.

At the time of the accident, two relevant warning stickers were affixed to the machine. One sticker read, in pertinent part: "Flying objects from this machine may injure. ALWAYS wear safety glasses when operating this machine.... DO NOT operate this machine with the doors open or with enclosures removed." Another sticker read: "Cutting tools can seriously injure or kill. DO NOT operate unless doors are closed and interlocks are working." (Capitalization in original.) That sticker also included a drawing of a hand above a rotating blade showing the tips of fingers being severed. Finally, the "Fadal Engineering User's Manual" ("the user's manual") stated, in pertinent part: "Rotating cutting tools can severely injure. NEVER place any part of the body near rotating cutting tools. Inspect cutting tools for damage before operating this machine. DO NOT operate this machine unless doors are closed. DO NOT operate this machine unless door interlocks are working properly." (Capitalization in original.)

The accident occurred while the doors to the cutting area were open and the spindle was rotating at 4,000 rpm. Attached to the spindle was a cutting tool fabricated by SDS. Mitchell was killed when the cutting tool broke and flew out of the cutting area, striking her in the throat. Three days later, the Occupational Safety and Health Administration ("OSHA") began an investigation of the accident and inspection of the premises. The report generated by the inspection reveals that the interlocks on all three machines had been disabled and were nonfunctional on the day of the accident. This result had been accomplished by an unknown individual or individuals, who, at unknown times, had unplugged the "J-13 circuit" in the circuit panels located on the back of each machine. Shortly after the OSHA inspection, "Buck" Kadrowski, a service representative for Fadal, performed an on-site investigation and discovered that the J-13 circuits had been reconnected and that the interlocks were operational.

In February 2003, Horn filed this wrongful-death action against Fadal, Cardinal, and others. Her claims against Fadal and Cardinal included violations of the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD"), negligence, and breach of the implied warranty of merchantability under Ala.Code 1975, § 7-2-314. Fadal and Cardinal each moved for a summary judgment. The trial court granted their motions and certified the judgment as a final judgment pursuant to Ala. R. Civ. P. 54(b). Horn appealed.

II. Discussion

On appeal, Horn challenges the summary judgment on the AEMLD claims as to both Fadal and Cardinal. However, she challenges the judgment on the negligence claims as to only Cardinal, and she challenges the judgment on the breach-of-warranty claims as to only Fadal.¹ We first address the propriety of the summary judgment in favor of Fadal.

A. Judgment for Fadal

On December 16, 2005, Fadal filed a motion for a summary judgment that stated, in toto:

"Comes now Defendant, Fadal Machining Centers, LLC, and pursuant to [Ala. R. Civ. P.] Rule 56, moves the court for summary judgment and in support thereof, says as follows:

"1. This case involves the removal of a safety device, an interlock intended to require the polycarbonate doors be closed before defendant's machine could be operated in the automatic mode. The evidence is undisputed that the interlock had been defeated and that [Mitchell] was using the machine in spite of adequate warnings not to operate the machine without operable interlocks. Thus, under the undisputed facts of this case, this defendant's machine had been substantially altered by willful acts of someone intending to defeat defendant's safety device.

"2. The tool used at the time of the accident was not manufactured or sold by this defendant and was defective. The defects in the tool caused it to wobble while [Mitchell] was using it. In addition, the tool holding components were worn out and incapable of holding the tool in place. [Mitchell] was well aware of the condition of the tool holding components and used a hammer on a wrench in an effort to tighten the tool holding components. As a consequence of the combination of these two factors, the tool became disengaged causing [Mitchell's] death.

"3. The design of the machine approved by plaintiff's expert is one which the defendant manufactures for sale in Europe. Plaintiff's evidence is that any interlock is capable of defeat, and, as demonstrated by the Affidavit of Kathleen Holst, not only can the European interlock system be defeated, she has observed such defeat.

"4. The proper operating speed for defendant's machine under the circumstances at the time of the accident was more or less 150 rpms, yet [Mitchell] was operating the machine at 4,000 rpms, clearly an improper use of defendant's machine under those circumstances.

"This defendant attaches the identification of expert witnesses as well as Affidavits signed by them in support of this motion.

"WHEREFORE, PREMISES CONSIDERED, defendant moves the court for summary judgment."

Fadal filed no brief/memorandum of law in support of this motion.

The role of this Court in reviewing a summary judgment is well established—we review a summary judgment de novo, "`apply[ing] the same standard of review as the trial court applied.'" Stokes v. Ferguson, 952 So.2d 355, 357 (Ala.2006) (quoting Dow v. Alabama Democratic Party, 897 So.2d 1035, 1038 (Ala.2004)). "In order to grant the [summary-judgment] motion, the court must find clearly [1] that there is no genuine issue of material fact and [2] that the movant is entitled to a judgment as a matter of law.... The movant bears the burden initially of showing the two prongs of the standard." Maharry v. City of Gadsden, 587 So.2d 966, 968 (Ala.1991) (second emphasis added). "If the movant meets [its] burden of production by making a prima facie showing that he is entitled to a summary judgment, `then the burden shifts to the nonmovant to rebut the prima facie showing of the movant.'" American Gen. Life & Accident Ins. Co. v. Underwood, 886 So.2d 807, 811-12 (Ala.2004) (quoting Lucas v. Alfa Mut. Ins. Co., 622 So.2d 907, 909 (Ala. 1993)).

However, "the party moving for summary judgment has the burden to show that he is entitled to judgment under established principles; and if he does not discharge that burden, then he is not entitled to judgment. No defense to an insufficient showing is required." Ray v. Midfield Park, Inc., 293 Ala. 609, 612, 308 So.2d 686, 688 (1975) (emphasis added). See also Watts v. Watts, 943 So.2d 115 (Ala.2006); Legg v. Kelly, 412 So.2d 1202 (Ala.1982). Thus, this Court must initially consider the sufficiency of Fadal's showing in order to determine whether the burden of rebuttal ever shifted to Horn.

"Rule 56(c)(1), Ala. R. Civ. P., requires that a motion for summary judgment `be supported by a narrative summary of what the movant contends to be the undisputed material facts.' Although it may be included in the motion or may be separately attached as an exhibit, the rule clearly requires that a narrative summary be included with any motion for summary judgment. The narrative summary must include specific references to pleadings, portions of discovery materials, or affidavits for the court to rely on in determining whether a genuine issue of material fact exists.

"A summary judgment is not proper if the movant has not complied with the requirements of Rule 56. Moore v. ClaimSouth, Inc., 628 So.2d 500 (Ala. 1993); see also Thompson v. Rehabworks of Florida, Inc., 727 So.2d 807 (Ala. Civ.App.1997), Hale v. Union Foundry Co., 673...