Lamb v. Manitowoc Company, Inc.
| Decision Date | 22 October 1997 |
| Docket Number | No. 96-620,96-620 |
| Citation | 570 N.W.2d 65 |
| Parties | Prod.Liab.Rep. (CCH) P 15,109 James Earl LAMB, Appellee, v. The MANITOWOC COMPANY, INC. and Manitowoc Engineering Co., Appellants. |
| Court | Iowa Supreme Court |
Patrick M. Roby and Christopher L. Bruns of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellants.
Jerry Wieslander, Altoona, and Donald G. Beattie and R. Bradley Skinner, Altoona, for appellee.
Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and SNELL, JJ.
Plaintiff, James Earl Lamb, was awarded damages by a jury for injuries suffered in a workplace accident. The legal basis for the verdict was an alleged breach of defendants' duty to warn plaintiff of the danger in working with wire rope. The trial court denied defendants' motion for judgment notwithstanding the verdict. On appeal by defendants, we reverse and remand.
James Earl Lamb was injured in an accident involving a crane designed and manufactured by defendants Manitowoc Company, Inc. and Manitowoc Engineering Company (hereinafter Manitowoc). Lamb was injured while helping two coworkers replace the wire rope, an integral piece of equipment on the crane. On cranes, the wire rope is wound tightly around a drum at the base of the crane. The rope then is strung up the boom of the crane and around a point sheave at the end of the boom. A hook or other device is then attached to the rope dangling from the point sheave to allow objects to be moved by the crane. Defendants did not manufacture or design the wire rope involved in the accident or the spool which held the new rope.
The wire rope must be replaced periodically because of wear and tear. When the wire rope on a crane is replaced, each loop of rope on the drum must be placed tightly next to the previous loop. If this is not done properly, a loop on the second layer of rope could be pulled into the gap, causing the rope to lose tension, which could injure a worker attempting to attach or detach a load from the rope. Tension must be applied to the rope during the winding process to ensure that it is tightly wound.
Lamb and his coworkers used a method of rope replacement approved by and regularly used by the foreman and contractor for whom they worked. Under this method, a spool of new rope was suspended off the ground by wire chokers. The new rope was then strung through the point sheave, down the boom of the crane, and secured to the drum. One worker was directed to stand at the drum and hammer the loops of rope tightly into place. Lamb was directed to stand on the lowered boom of the crane several feet from the point sheave. From his position on the boom, Lamb was nearly ten feet off the ground. He wrapped a choker, made of a short piece of smaller diameter wire rope with fasteners on both ends, around the new rope, fastening one end to the boom and the other end to a metal sleever bar. The tightened choker created tension on the new rope as his coworkers wound the rope onto the drum. After several turns of the drum, Lamb noticed that the rope was wearing through the choker and signaled to his coworkers to stop the procedure. Lamb discussed how to proceed with one of his coworkers, who suggested that Lamb loosen the choker wrapped around the sleever bar to reduce tension and thus avoid breaking the choker. At that point, Lamb reached down to show the coworker the amount of tension that was on the sleever bar. When he touched the sleever bar, it came loose and tension on the rope was lost. The release of tension caused the rope to twist around Lamb's arm, causing severe injury to his forearm and hand. Lamb required extensive reconstructive surgery to repair the injuries.
The method of rope replacement used by Lamb and his coworkers was not the same method alleged by defendants to be the generally accepted method for rope replacement. Under the method advocated by defendants, the spool of new rope is suspended just off the ground on a large pipe or other device. Then, the end of the new rope is run over the point sheave on the end of the boom, down the boom and attached to the crane spool. The rope is then slowly wound onto the spool with one worker standing near the crane and using a hammer to tap each loop of the first layer in place to ensure it is placed tightly against the previous loop. Another worker stands on the ground next to the spool and uses a board or other object between the spool and the ground as a brake, to maintain tension on the rope. No worker stands on the crane's boom with this method of rope replacement.
Lamb brought suit against Manitowoc and several other defendants. All defendants except Manitowoc were dismissed prior to trial, without any settlements. Lamb alleged Manitowoc had defectively designed the crane and that they had negligently failed to warn users of the risks and dangers of stringing wire rope onto the drum of the crane. The jury found in favor of defendants on the design defect claim and returned a verdict for Lamb on the failure-to-warn claim. The jury awarded $243,000 in damages, but assessed fifty percent of the fault to Lamb. Following trial, defendants filed a motion for judgment notwithstanding the verdict. The district court denied the motion and it is from that ruling that defendants appeal.
On appeal, defendants argue that the district court erred in denying their motion for judgment notwithstanding the verdict on two grounds. First, they argue that Lamb failed to establish defendants had a duty to warn. Second, defendants argue Lamb failed to prove that the defendants' alleged failure to warn or instruct as to the proper method for rope replacement was the proximate cause of his injuries.
A motion for judgment notwithstanding the verdict pursuant to Iowa Rule of Civil Procedure 243 must stand on the grounds raised in the movant's motion for directed verdict. Watson v. Lewis, 272 N.W.2d 459, 461 (Iowa 1978). On appeal from denial of a motion for judgment notwithstanding the verdict, review is limited to the grounds raised in the movant's directed verdict motion. Id. Our examination of the transcript and appendix shows that Manitowoc raised both issues it has raised on appeal in its directed verdict motion at the close of plaintiff's case and again at the close of plaintiff's rebuttal case, as well as in its motion for judgment notwithstanding the verdict. Thus, both issues were properly preserved for appeal.
In reviewing denial of a motion for judgment notwithstanding the verdict, we consider whether the evidence, when viewed in the light most favorable to the nonmoving party, shows that the movant was entitled to a directed verdict at the close of all the evidence. McGough v. Gabus, 526 N.W.2d 328, 334 (Iowa 1995); Crow v. Manitex, Inc., 550 N.W.2d 175, 177 (Iowa App.1996). When reviewing the district court's decision on such a motion, we look to see whether the evidence on an issue was sufficient to generate a jury question. Id. "[I]f there is no substantial evidence in support of each element of plaintiff's claim, a directed verdict or judgment notwithstanding the verdict in defendants' favor is appropriate." Valadez v. City of Des Moines, 324 N.W.2d 475, 478 (Iowa 1982); see also Dennett v. City of Des Moines, 347 N.W.2d 691, 692 (Iowa App.1984) (same). However, if reasonable minds could differ on an issue when the evidence is viewed in the light most favorable to the nonmoving party, then it was appropriate to submit the issue to the jury and the jury's verdict should be upheld. Dennett, 347 N.W.2d at 692.
We first consider Manitowoc's contention that Lamb failed to raise a jury issue on his failure-to-warn claim and whether defendants' motions for a directed verdict or judgment notwithstanding the verdict should have been granted by the district court.
Our court has adopted the standard set forth in section 388 of the Restatement (Second) of Torts for determining whether a manufacturer or supplier of goods has fulfilled its duty to warn of a product's dangerous propensities. See West v. Broderick & Bascom Rope Co., 197 N.W.2d 202, 209 (Iowa 1972) (). The section states as follows:
Chattel Known to be Dangerous for Intended Use
One who supplies directly or through a third person a chattel for another to use is subject to liability to those whom the supplier should expect to use the chattel with the consent of the other or to be endangered by its probable use, for physical harm caused by the use of the chattel in the manner for which and by a person for whose use it is supplied, if the supplier
(a) knows or has reason to know that the chattel is or is likely to be dangerous for the use for which it is supplied, and
(b) has no reason to believe that those for whose use the chattel is supplied will realize its dangerous condition, and
(c) fails to exercise reasonable care to inform them of its dangerous condition or...
To continue reading
Request your trial
-
Huck v. Wyeth, Inc.
...duty of care to balance risks and benefits of prescription drugs with respect to instruction and warning); cf. Lamb v. Manitowoc Co., 570 N.W.2d 65, 68 (Iowa 1997) (“A duty to warn exists when a party reasonably foresee[s] a danger of injury or damage to one less knowledgeable unless an ade......
-
Daughetee v. Chr. Hansen, Inc.
...triggers the duty to warn. A manufacturer has no duty to warn when it did not or should not have known of the danger. Lamb v. Manitowoc Co., 570 N.W.2d 65, 68 (Iowa 1997); Moore v. Vanderloo, 386 N.W.2d 108, 116 (Iowa 1986). Defendants argue that there was no scientific or medical knowledge......
-
Rife v. DT Corner, Inc.
...is supported by substantial evidence in the record, the court must overrule the motion. McClure, 613 N.W.2d at 230; Lamb v. Manitowoc Co., 570 N.W.2d 65, 68 (Iowa 1997). Moreover, if reasonable minds could deduce different inferences from the evidence presented, the court must submit the is......
-
Mitchell v. City of Warren
...70 F.3d 1175, 1181 (10th Cir.1995) ; Grover v. Eli Lilly & Co., 63 Ohio St.3d 756, 591 N.E.2d 696, 699–700 (1992) ; Lamb v. Manitowoc Co., 570 N.W.2d 65, 69–70 (Iowa 1997). A manufacturer's knowledge that a drug causes blurred vision, to take one example, does not prove that it should have ......