Jones v. Amazing Products, Inc.

Decision Date19 March 2002
Docket NumberNo. CIV.A.1:00-CV-1678-JEC.,CIV.A.1:00-CV-1678-JEC.
PartiesRobert JONES and Almarie Jones Plaintiffs, v. AMAZING PRODUCTS, INC. Defendant.
CourtU.S. District Court — Northern District of Georgia

Phillip Edward Friduss, Hall Booth Smith & Slover, Atlanta, GA, for Plaintiff.

Stephen L. Goldner, Goldner Sommers Scrudder & Bass, Atlanta, GA, for Defendant.

ORDER

CARNES, District Judge.

This case is presently before the Court on defendant's Motion for Summary Judgment [23-1] and plaintiffs' Motion for Reconsideration of the Court's Order dated November 6, 2001 [34-4]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that defendant's Motion for Summary Judgment [23-1] should be GRANTED in part and DENIED in part and plaintiffs' Motion for Reconsideration of the Court's Order dated November 6, 2001 [34-4] should be DENIED.

FACTUAL BACKGROUND

This is a product liability action. Plaintiff Robert Jones ("Mr. Jones") and his wife Almarie Jones ("Mrs. Jones") (collectively "plaintiffs") filed suit alleging that a drain line clearer called "Liquid Fire" was defectively designed, manufactured, and marketed by defendant Amazing Products, Inc. ("Amazing Products" or "defendant"). Specifically, plaintiffs allege that Liquid Fire is unreasonably dangerous, improperly packaged, and accompanied with inadequate instructions under strict liability, negligence and gross negligence theories. Mr. Jones was severely injured when the product spilled on him.

Currently before the Court is defendant's Motion for Summary Judgment [23] and plaintiffs' Motion for Reconsideration of the Court's Order dated October 6, 2000 [34-4]. Unless otherwise indicated, the Court draws the undisputed facts that underlie the allegations in the Complaint from "Defendant's Statement of Undisputed Material Facts" ("SMF") [23]. If, however, plaintiffs have disputed a specific fact and pointed to evidence in the record supporting its version of events, the Court has viewed all evidence and factual inferences in the light most favorable to plaintiffs, as required on a defendant's motion for summary judgment. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); McCabe v. Sharrett, 12 F.3d 1558, 1560 (11th Cir.1994); Reynolds v. Bridgestone/Firestone, Inc., 989 F.2d 465, 469 (11th Cir.1993). Accordingly, the following facts are either not disputed or are viewed in the light most favorable to the plaintiffs.

On or about June 11, 1999, Mr. Jones purchased a container of Liquid Fire from an Ace Hardware store in Adel, Georgia in order to unclog his bathroom sink and bathtub drains. (R. Jones Dep. at 19-21.) He selected Liquid Fire based on the recommendation of his cousin, a licensed plumber. (SMF ¶ 1.)1 Mr. Jones specifically requested from a store clerk a container of Liquid Fire. (R. Jones Dep. at 21.) The store clerk retrieved a pint-sized container from the shelf and presented it to Mr. Jones. (Id. at 22.) Mr. Jones testified that the clerk told him that it was the only size of the product that the store had in stock. Defendant sells Liquid Fire in pint and quart size containers without handles, and one-gallon containers with handles. (SMF ¶ 7.)2 Mr. Jones purchased the product and left the store.

On June 14, 1999, approximately three days later, Mr. Jones decided to use the Liquid Fire he purchased to unclog his bathroom sink and bathtub drains. (R. Jones Dep. at 23.) Prior to using the product, Mr. Jones states that he sat down to read the warning/instruction label affixed to the container of Liquid Fire. (Id. at 22.) Despite the fact he was able to read, Mr. Jones only read selective portions of the warning/instruction label, however. (SMF ¶ 2.) A 64 year-old retiree, Mr. Jones states that the reason he failed to read the entire label was because the typeface was too small for him to read, even while wearing his reading glasses. (Pls.' Resp. to Def.'s Stmt. of Mat. Facts [35] ("PSMF") ¶ 2.) Plaintiff did "read enough to know that [he] was scared" of the product and that the product was potentially dangerous. (R. Jones Dep. at 35.) He did not, however, ask someone else to read the warning/instruction label to him before using the product. (Id.) Despite having read only a sufficient amount of the warning/instruction label to understand he was dealing with a dangerous product, Mr. Jones elected to use the product. Mr. Jones states that he proceeded to use the product at that time because he was scheduled to leave on his honeymoon soon thereafter and wanted to leave the Liquid Fire in the drains while they were away on vacation. (R. Jones Dep. at 21-22.)

The label attached to the product indicates that it contains "concentrated sulfuric acid."3 (PSMF ¶ 4.) The label specifically warns the consumer to read the label before using the product. (See Warning/Instruction Label attached as Ex. A to Def.'s Br. In Supp. Of Mot. For Summ. J. [23] (hereinafter "Warning Label.").) It further warns the consumer to "never transfer to another container." (PSMF ¶ 5.) In addition, the label includes the warning to "never add water to LIQUID FIRE while in bottle because of violent reaction." (Id.)

In preparation for use of the Liquid Fire solution, Mr. Jones decided to transfer the product into a gallon sized plastic container with a handle that formerly held Clorox bleach. (Id. at 32, 35.) He chose to transfer the product into the Clorox container because it had a handle. (Id.) Because the product was dangerous, he was concerned that he would not be able to properly hold the Liquid Fire container without the help of a handle, due to a shoulder condition that hindered his ability to grip and hold items. (Id. at 32.) The plaintiff had previously been using the empty Clorox bottle to water his plants. (Id. at 29.) Before transferring the product to the Clorox container, he held the container upside down to ensure no water was inside. (Id. at 40.) As he sat on the back steps of his house, Mr. Jones used a black plastic funnel to pour the entire Liquid Fire contents into the Clorox container. (Id. at 29.)

After transferring the "Liquid Fire" into the empty Clorox bottle, plaintiff immediately walked, with the Clorox bottle in hand, through his house towards the bathroom to use the product. (Id. at 43.) As he walked through the kitchen, he heard a "whoofh" noise, and the bottom fell out of the container. (Id. at 43.) The entire quart of concentrated sulfuric acid poured all over Mr. Jones' right leg and foot. (Id. at 44, 45.) He cried out in pain, and his wife came to him and assisted him to the back yard, where she sprayed him down with a water hose. (Id. at 46.) Mrs. Jones then took Mr. Jones to the hospital. (Id. at 45.)

Mr. Jones suffered deep chemical burns. (Id. at 56.) His burns necessitated that he stay at various hospitals, including the South Georgia Medical Center, where a skin graft was performed, Memorial Hospital of Adel and Phoebe Putney Memorial Hospital. (Id. at 56-58.) In addition, he was treated by the Wound Care Center and Plastic Surgery Associates. (Id.)

Mr. Jones' right foot is disfigured, and he continues to have pain related to the acid burns. (Id. at 61.) He has deep gashes in his leg and foot, and states that he cannot wear sandals or shorts anymore. (Id.) He notes that the injured leg is very tender and limits his ability to walk. (Id. at 62.)

On June 12, 2000, plaintiffs filed suit in the Superior Court of Fulton Country, Georgia. Subsequently, on July 5, 2000, defendant removed this case to the United States District Court for the Northern District of Georgia, Atlanta Division. Plaintiffs are both Georgia residents and defendant is a Kentucky corporation licensed to conduct business in the State of Georgia. Plaintiffs seek damages in excess of $75,000. (Notice of Removal [1] ¶ 4.) Accordingly, this Court has jurisdiction pursuant to 28 U.S.C. § 1332.

DISCUSSION
I. Standard for Summary Judgment Motion

Summary judgment is appropriate when 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 a judgment as a matter of law."" FED. R. CIV. P. 56(c). A fact's materiality is determined by the controlling substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the nonmovant. Id. at 249-50, 106 S.Ct. 2505.

Summary judgment is not properly viewed as a device that the trial court may, in its discretion, implement in lieu of a trial on the merits. Instead, Rule 56 of the Federal Rules of Civil Procedure mandates the entry of summary judgment against a party who fails to make a showing sufficient to establish the existence of every element essential to that party's case on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In such a situation, there can be no genuine issue as to any material fact, as a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial. Id. at 322-23, 106 S.Ct. 2548 (quoting FED. R. CIV. P. 56(c)).

The movant bears the initial responsibility of asserting the basis for his motion. Id. at 323, 106 S.Ct. 2548. However, the movant is not required to negate his opponent's claim. The movant may discharge his burden by merely "`showing' — that is, pointing out to the district court — that there is an absence of evidence to support the non-moving party's case." Id. at 325, 106 S.Ct. 2548. After the movant has carried his burden, the...

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