Manora v. Watts Regulator Co., 67403

• Decision Date: 28 November 1989
• Docket Number: No. 67403,67403
• Citation: 1989 OK 152,784 P.2d 1056
• Parties: Prod.Liab.Rep. (CCH) P 12,321, 1989 OK 152 Joseph MANORA and Odessa R. Manora, parents and next friends of Kareem Ralon Manora, deceased, Appellants, v. WATTS REGULATOR COMPANY, Appellee.
• Court: Oklahoma Supreme Court

Page 1056

784 P.2d 1056

Prod.Liab.Rep. (CCH) P 12,321, 1989 OK 152

Joseph MANORA and Odessa R. Manora, parents and next friends of Kareem Ralon Manora, deceased, Appellants, v. WATTS REGULATOR COMPANY, Appellee.

No. 67403.

Supreme Court of Oklahoma.

Nov. 28, 1989.

John W. Norman, Oklahoma City, Okl., for appellants.

Scott Rhodes, Oklahoma City, Okl., for appellee.

SUMMERS, Justice:

Plaintiffs Joseph and Odessa Manora appeal from an order of the district court granting summary judgment to the defendant Watts Regulator Company. ¹ Finding material factual disputes which preclude summary judgment, we reverse the order of the district court.

The case arises out of the tragic explosion at Star Elementary School in Spencer, Oklahoma. On the morning of January 19, 1982, a cafeteria employee reported that a high-temperature hot water heater appeared to be burning erratically. The maintenance center was contacted and a plumbing crew was dispatched to investigate the problem. After examining the hot water heater, the plumber decided that a gas valve was faulty. He located a replacement, changed the faulty valve, and tested the hot water heater to see that it was operating properly. Shortly after the plumber left, a cafeteria employee ran the dishwasher and noticed steam escaping from the dishwasher. The temperature gauge indicated that the water temperature was 220 degrees, 40 degrees over the normal temperature. The cafeteria employee reported the problem. Immediately thereafter, the custodian opened a hot water faucet and steam was emitted.

At 12:15 p.m. a violent explosion occurred at the north end of the cafeteria. Seven fatalities and thirty-three injuries resulted. It was determined that the hot water heater was the cause of the explosion.

The Fire Marshall conducted an investigation and filed a full report. The report stated that one causal factor, among others, was the inadequate temperature relieving capacity. This was caused by several different gauges and valves which were corroded or installed improperly. One such gauge was the temperature and pressure relief valve manufactured by defendant Watts. The function of this valve was to relieve pressure in the tank (1) when the water reached a certain temperature or (2) when the tank's pressure reached 125 pounds per square inch (p.s.i.). It is undisputed that the temperature element of the valve had been removed and was therefore inoperable. However, the valve was still capable of measuring the pressure inside the tank. Although the valve was set to open at 125 p.s.i. to reduce pressure inside the tank, testing revealed that the valve never opened below 133 p.s.i. and at one point, opened at 153 p.s.i. See Fire Marshall's Report, O.R. 1720.

Craig Jerner and Billy Lyn Thomas, in their depositions, agreed that the explosion was caused by a combination of factors. Thomas, a safety engineer, stated that the failure of the temperature and pressure relief valve coupled with the possible failure of the tank below its designed pressure caused the explosion. He opined that the tank probably failed below its designed pressure of 150 p.s.i. Jerner, another engineer, believed that the explosion was caused by the combined factors of a corroded tank and internal pressure caused by the faulty temperature and pressure valve.

Defendant Watts filed a motion for summary judgment, alleging that there were no material facts in dispute and judgment should be granted in its favor as a matter of law. In the motion, Watts stated that Thomas and Jerner could not state that the valve was defective. Attached to the motion were affidavits from Don Bunn and Joseph Ball as well as a copy of the Fire Marshall's report. In Bunn's affidavit he stated that to his knowledge the valve was not defective. Affiant Ball quoted the test results shown in the Fire Marshall's report and stated that the test results accurately depicted the functioning of the valve. Watts relied heavily on the fact that the experts' depositions did not state that the valve was the sole cause of the explosion. O.R. 1763.

Plaintiffs responded to this motion and pointed out several areas in which they considered material facts to be in dispute. First, Jerner had stated that the combination of the valve and the tank caused the explosion. Plaintiffs also argue that the test results disclose that the valve was defective as it did not open at its set p.s.i. Lastly, plaintiffs rely on the answers given by the tank manufacturer in response to plaintiffs' requests for admissions. In its response, the tank manufacturer denied liability and denied that the tank was defective. Plaintiffs urge that this answer, coupled with the experts' testimony that it was either the tank, the valve, or a combination of the two which caused the explosion, leaves in dispute the cause of the explosion.

The trial court granted summary judgment to the defendant, ruling that no material facts were in dispute. Relying on Weeks v. Wedgewood Village, 554 P.2d 780 (Okla.1976), the court determined that the plaintiffs had no evidence to support the assertion that the valve was defective. From that ruling plaintiffs perfected this appeal.

Plaintiffs urge that the district court misapplied the law governing summary judgment. Summary judgment is a procedural tool used to reach a final judgment in those cases where there is no dispute as to any material fact. Flanders v. Crane, 693 P.2d 602, 605 (Okla.1984). This allows "the trial court to look beyond the pleadings to various evidentiary material in order to determine whether there is any issue of fact which must be submitted to a jury." Id. The court may not weigh the evidence, but may only review the evidence to determine whether there is a dispute over a factual issue. Stuckey v. Young Exploration Co., 586 P.2d 726, 730 (Okla.1978). When reviewing a motion for summary judgment, the court may consider depositions, admissions, answers to interrogatories and affidavits. Martin v. Chapel, Wilkinson, Riggs & Abney, 637 P.2d 81, 84 (Okla.1981); 12 O.S.1981, Ch. 2, App., Rule 13. All inferences in the evidence must be taken in favor of the opposing party. Erwin v. Frazier, 786 P.2d 61, (Okla.1989); Culpepper v. Lloyd, 583 P.2d 500, 502 (Okla.1978). Summary judgment will be denied if under the evidence, reasonable men might reach different conclusions from the facts. Runyon v. Reid, 510 P.2d 943, 946 (Okla.1973). Where different interpretations of the facts may be drawn as to a particular fact question, the issue should be presented to a jury. Anderson v. Falcon Drilling Co., 695 P.2d 521, 524 (Okla.1985).

The moving party has the burden of showing there is no substantial controversy as to any material fact. Loper v. Austin, 596 P.2d 544, 545 (Okla.1979); Runyon, 510 P.2d at 946. If the movant raises an affirmative defense, as Watts does here, he must show that there is no substantial controversy as to the facts that are material to his defense. Martin, 637 P.2d at 84. After this showing is made by the moving party, the opposing party must then demonstrate the existence of a material factual dispute which would justify a trial. Id. The party opposing the motion may not rely solely on his pleadings, but may rely on any evidence presented, regardless of which party presented it. Parsons v. Wood, 584 P.2d 1332, 1334 (Okla.1978); Culpepper, 583 P.2d at...