Lenhardt Tool & Die Co., Inc. v. Lumpe

• Decision Date: 22 December 1998
• Docket Number: No. 49A05-9706-CV-216,49A05-9706-CV-216
• Citation: 703 N.E.2d 1079
• Parties: Prod.Liab.Rep. (CCH) P 15,418 LENHARDT TOOL & DIE COMPANY, INC., Appellant-Defendant, v. Duane LUMPE, Appellee-Plaintiff.
• Court: Indiana Appellate Court

Page 1079

703 N.E.2d 1079

Prod.Liab.Rep. (CCH) P 15,418

LENHARDT TOOL & DIE COMPANY, INC., Appellant-Defendant, v. Duane LUMPE, Appellee-Plaintiff.

No. 49A05-9706-CV-216.

Court of Appeals of Indiana.

Dec. 22, 1998.

Robert A. Anderson, Ice Miller Donadio & Ryan, Indianapolis, for Appellant-Defendant.

William L. O'Connor, Eric D. Johnson, Kightlinger & Gray, Indianapolis, for Appellee-Plaintiff.

OPINION

SHARPNACK, Chief Judge.

Lenhardt Tool & Die Company, Inc. ("Lenhardt") appeals from a denial of its motion for summary judgment against Duane Lumpe's claims for negligence and product liability. Lenhardt raises several issues which we consolidate and restate as:

(1) whether Lenhardt designated sufficient materials in support of its motion for summary judgment to require Lumpe to designate materials to demonstrate that there was a genuine issue of material fact as to whether a mold machined by Lenhardt was involved in the injuries to Lumpe;

(2) whether Lenhardt's failure to include in the record materials designated to the trial court by Lumpe in response to Lenhardt's motion for summary judgment warrants affirmance of the trial court's denial of Lenhardt's motion; and,

(3) whether the trial court erred in denying summary judgment for Lenhardt on Lumpe's strict liability claim governed by the Indiana Product Liability Act.

We affirm.

The facts most favorable to Lumpe, the nonmovant, follow. Olin Brass ("Olin") manufactures brass bars. The manufacturing process involves pouring molten metal into a mold which allows the metal to cool and solidify into bars. The metal is cooled by water flowing through "pipes" or "spirings" within the mold. The molten metal is poured into the mold over a water tank. As the brass bar is formed by the mold, it lowers into the water tank to cool.

Lumpe worked for Olin as a "melter" or "pin man." A "melter" or "pin man" regulates the flow of molten metal into the mold. If the molten metal comes into contact with water, an explosion may occur. On August 22, 1992, an explosion occurred at Olin which injured Lumpe. Some of the molds used by Olin at the time of the explosion were made by Lenhardt. Lumpe filed a complaint for negligence and strict liability against Lenhardt Tool & Die Company, Inc. ¹ Lenhardt then filed a motion for summary judgment which the trial court denied. ²

I.

The first issue we must resolve is whether or not Lenhardt sufficiently demonstrated the lack of a material issue of fact on a material element of Lumpe's claim and that it was entitled to summary judgment as a matter of law. Lenhardt designated in support of its motion for summary judgment various items including an affidavit of Jack Lenhardt, portions of the deposition of Claude Johnson, portions of the deposition of Dwayne Lumpe, the response of Olin Manufacturing to nonparty production, and Lumpe's response to a request for admissions and interrogatories filed by Weldaloy Products Company, Inc. and Creative Foam, Inc. Based on these items, Lenhardt argued to the trial court, and argues to us, that because the molds and plugs being used at the time of the accident cannot be identified or located, Lumpe cannot prove that the molds were manufactured by Lenhardt, let alone negligently manufactured or manufactured so as to be dangerously defective. Lenhardt argues that once it demonstrated that Lumpe could not prove the mold was manufactured by Lenhardt, the burden shifted to Lumpe under Ind. Trial Rule 56 to come forward with evidence to prove that the mold was manufactured by Lenhardt and that if Lumpe failed to do so, as Lenhardt contends, it is entitled to summary judgment which the trial court erroneously denied. The issue for us is whether the evidence designated by Lenhardt sufficiently demonstrates the lack of a material issue of fact that Lenhardt manufactured the mold. Simply put, may a defendant succeed in a motion for summary judgment by showing the plaintiff lacks sufficient proof to establish an essential element of the plaintiff's claim on which the plaintiff bears the burden of proof.

Resolution of this issue brings into focus the contrast between the federal practice as expressed in Celotex Corp. v. Catrett and our state practice as expressed in Jarboe. Celotex Corp. v.Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Jarboe v. Landmark Community Newspapers, 644 N.E.2d 118 (Ind.1994), reh'g denied. In Celotex, the United States Supreme Court held that:

"... the 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 non-moving party's case necessarily renders all other facts immaterial. The moving party is 'entitled to a 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....

* * * * *

Of course, a party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact. But unlike the Court of Appeals, we find no express or implied requirement in Rule 56 that the moving party support its motion with affidavits or other similar materials negating the opponent's claim.... [R]egardless of whether the moving party accompanies its summary judgment motion with affidavits, the motion may, and should, be granted so long as whatever is before the district court demonstrates that the standard for the entry of summary judgment, as set forth in Rule 56(c), is satisfied. One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims or defenses, and we think it should be interpreted in a way that allows it to accomplish this purpose."

Celotex, 477 U.S. at 322-24, 106 S.Ct. at 2552-53. In Jarboe, our supreme court held:

"The burden imposed at trial upon the party with the burden of proof on an issue is significantly different from that required of a non-movant in an Indiana summary judgment proceeding. Under Indiana's standard, the party seeking summary judgment must demonstrate the absence of any genuine issue of fact as to a determinative issue, and only then is the non-movant required to come forward with contrary evidence.

In this respect, Indiana's summary judgment procedure abruptly diverges from federal summary judgment practice. Under the federal rule, the party seeking summary judgment is not required to negate an opponent's claim. The movant need only inform the court of the basis of the motion and identify relevant portions of the record 'which it believes demonstrate the absence of a genuine issue of material fact.' [quoting Celotex, 477 U.S. at 323, 106 S. Ct at 2553.]

The burden then rests upon the non-moving party to make a showing sufficient to establish the existence of each challenged element upon which the non-movant has the burden of proof. Indiana does not adhere to Celotex and the federal methodology.

In the present case, the defendants do not support their motion for summary judgment with any designated evidence to establish the absence of a question of fact on an outcome-determinative issue as to the promissory estoppel claim. Merely alleging that the plaintiff has failed to produce evidence on each element of promissory estoppel is insufficient to entitle the defendant to summary judgment under Indiana law."

Jarboe, 644 N.E.2d at 123 (citations and footnote omitted).

Lenhardt argues that the Jarboe court did not overrule or distinguish its previous holding in Hinkle v. Niehaus Lumber Company, 525 N.E.2d 1243 (Ind.1988). The Hinkle court quoted from T.R. 56(E) as follows:

"When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him...."

Hinkle, 525 N.E.2d at 1245. The court continued:

"A party opposing summary judgment is 'obliged to disgorge sufficient evidence' to show the existence of a genuine triable issue. The party opposing summary judgment must 'come forth with specific facts showing that there is a genuine issue for trial.' "

Id. at 1245-1246.

In Hinkle, the plaintiff was injured when there was a failure of sheet metal roofing installed over a shed where corrosive salt compounds were stored. Id. at 1244. The roofing had corroded. Id. On the issue of whether there was evidence that the supplier (Niehaus) knew or had reason to know that the product was likely to be dangerous when used in a foreseeable manner, the court noted that Hinkle had presented no evidence to show that Niehaus knew or should have had any reasonable expectation that the metal roofing sheets were to be used in an unusually corrosive environment. Id. at 1245. The court quoted from the deposition of the roofing contractor as evidence that Niehaus had no idea how or where its roofing material was to be used. Id. The deposition was submitted by Niehaus in support of its motion for summary judgment. In contrast, the plaintiff Hinkle submitted nothing whatever and relied upon the materials submitted by Niehaus. See Hinkle v. Niehaus Lumber Co., 510 N.E.2d 198 (Ind...