Massey v. Conagra Foods, Inc.

• Decision Date: 17 June 2014
• Docket Number: No. 40504.,40504.
• Citation: 328 P.3d 456,156 Idaho 476
• Court: Idaho Supreme Court
• Parties: Karrin MASSEY and Mark Massey, husband and wife, individually and as parents and next friends of Emma Grace Massey, a minor child, Plaintiffs–Appellants, v. CONAGRA FOODS, INC., a Delaware corporation, Defendant–Respondent.

156 Idaho 476

328 P.3d 456

Karrin MASSEY and Mark Massey, husband and wife, individually and as parents and next friends of Emma Grace Massey, a minor child, Plaintiffs–Appellants,

v.CONAGRA FOODS, INC., a Delaware corporation, Defendant–Respondent.

No. 40504.

Supreme Court of Idaho, Idaho Falls, May 2014 Term.

June 17, 2014.

Racine Olson Nye Budge & Bailey, Pocatello, for appellants. Richard A. Hearn argued.

McGrath North Mullin & Kratz, Omaha, Nebraska, and Benoit Alexander Harwood & High, Twin Falls, for respondent. Brian T. McKernan argued.

J. JONES, Justice.

This appeal arises out of a products liability case. In early June of 2007, Karrin Massey consumed at least one, but perhaps several, poultry pot pies that were manufactured by ConAgra Food, Inc. and sold under the Banquet brand name. Soon after, Karrin, who was six months pregnant at the time, developed salmonellosis. After an outbreak of salmonella was linked to Banquet pot pies, it was discovered that Karrin's strain of salmonella matched the strain of salmonella found in the contaminated pot pies. Karrin, her husband, Mark Massey, and their daughter Emma filed suit against ConAgra, alleging claims of product liability, negligence, and breach of warranty. The district court eventually granted ConAgra's motion for summary judgment on the grounds that the Masseys had failed to establish the pot pies in question were defective. The Masseys filed a motion for reconsideration, which was denied. The Masseys then appealed to this Court.

I.FACTUAL AND PROCEDURAL BACKGROUND

In early May of 2007, the Centers for Disease Control ("CDC") identified a salmonella outbreak in several states, including Idaho. After an extensive investigation, the most likely source of the outbreak was identified as pot pie filling that was manufactured by ConAgra and marketed as part of the Banquet brand.

Appellant Karrin Massey had long enjoyed pot pies as part of her diet. In the first part of June, 2007, Ms. Massey consumed one or more Banquet pot pies. Ms. Massey does not remember if she cooked the pot pies in the oven or in the microwave. She testified that she usually—but not always—cooked them in the oven, and that she "always followed [cooking] time instructions." During the first week of June, Ms. Massey began to experience diarrheal symptoms and was hospitalized twice due to dehydration. On June 10, 2007, a stool sample was cultured for salmonella. The sample tested positive, and Ms. Massey was hospitalized on June 13 for treatment. On June 14, the Idaho Department of Health and Welfare ("IDHW") interviewed her in hopes of determining a possible source of her infection. At this time, Ms. Massey was approximately six months pregnant with her daughter, Emma. Because she was pregnant, Ms. Massey declined to take certain medications that may have been more effective in treating salmonellosis, but could have harmed her unborn child. Emma Grace Massey was born on October 3, 2007. On appeal, the Masseys do not delve into how Emma was injured, although ConAgra notes that Emma's birth itself was without complications.

Ms. Massey was treated for salmonellosis until approximately September 4, 2007, at which time three consecutive stool samples tested negative for the presence of salmonella.

Ms. Massey's particular strain of bacteria was later identified as salmonella enterica, serovar 4, 5, 12:i:-monophasic.

According to the Masseys, near the end of 2007, CDC investigators collected samples of pot pie crust and filling at ConAgra's plant, which were found to contain salmonella enterica, serovar 4, 5, 12:i:-, the same strain present in Ms. Massey's stool sample. ConAgra disputes this, stating that in fact, "no salmonella was ever found within ConAgra's pot pie facility." In any event, salmonella enterica, serovar 4, 5, 12:i:-, the same strain present in Ms. Massey's stool sample, was later found in Banquet pot pies sampled from a Boise store.

Ms. Massey and her husband Mark filed a complaint on April 2, 2010, individually and on behalf of their daughter Emma. Therein, they alleged claims based on product liability, breach of warranty, and negligence. On March 21, 2012, ConAgra moved for summary judgment, alleging that the Masseys' claims were barred because of the statute of limitations and that the Masseys could not establish that the pot pies in question were defective. The district court, upon request, granted the Masseys a continuance so that they could depose Dr. Leslie Tengelsen, an Idaho State Deputy Epidemiologist. Shortly after Dr. Tengelsen's deposition was taken, ConAgra filed a renewed motion for summary judgment. The district court held a hearing on ConAgra's renewed motion on June 4, 2012. In its resulting July 3, 2012 order ("Summary Judgment Order"), the district court found in ConAgra's favor, holding that the Masseys had failed to establish a genuine issue of material fact with regard to whether a product defect existed. The Masseys filed a timely motion for reconsideration, arguing that the district court misunderstood the main issue of the case and misconstrued certain facts. The district court entered an order denying the Masseys' motion on September 28, 2012 ("Order Re: Motion for Reconsideration"). The Masseys filed a timely appeal.

II.ISSUES ON APPEAL

I. Whether the district court erred in determining that the Masseys failed to establish a genuine issue of material fact that the pot pies were defective?

II. Whether the district court erred in finding that there was no genuine issue of material fact as to the Masseys' negligence claim?

III. Whether the Masseys waived their right to challenge the district court's denial of their motion to reconsider?

IV. Whether the district court erred in sua sponte concluding that the Masseys' failure to warn claim was not adequately pleaded?

III.DISCUSSION

A. Standard of review.

The applicable standard of review is well-settled:

"Appellate review of a district court's ruling on a motion for summary judgment is the same as that required of the district judge when ruling on the motion." Steele v. Spokesman–Review, 138 Idaho 249, 251, 61 P.3d 606, 608 (2002). Under I.R.C.P. 56(c), summary judgment is appropriate when "the pleadings, depositions, 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." I.R.C.P. 56(c). This Court must "liberally construe ... the record in favor of the party opposing the motion and draw ... all reasonable inferences and conclusions in that party's favor." Steele, 138 Idaho at 251, 61 P.3d at 608. Summary judgment is not appropriate "[i]f the evidence is conflicting on material issues, or if reasonable minds could reach different conclusions." Peterson v. Romine, 131 Idaho 537, 540, 960 P.2d 1266, 1269 (1998).

Liberty Northwest Ins. Co. v. Spudnik Equip. Co., LLC, 155 Idaho 730, 732–33, 316 P.3d 646, 648–49 (2013).

Additionally, this Court has recently clarified the standard of review utilized in reviewing a district court's denial of a motion to reconsider. "[W]hen the district court grants summary judgment and then denies a motion for reconsideration, ‘this Court must determine whether the evidence presented a genuine issue of material fact to defeat summary judgment.’ This means the Court reviews the district court's denial of a motion for reconsideration de novo." Bremer, LLC v. E. Greenacres Irrigation Dist., 155 Idaho 736, 744, 316 P.3d 652, 660 (2013) (quoting Fragnella v. Petrovich, 153 Idaho 266, 276, 281 P.3d 103, 113 (2012) ).

B. The district court erred in determining that the Masseys failed to establish a genuine issue of material fact that the pot pies were defective.

In their complaint, the Masseys put forth three claims: products liability, negligence, and breach of warranty. In order "[t]o establish a prima facie case in a products liability action, the plaintiff has the burden of proving that ‘1) he was injured by the product; 2) the injury was the result of a defective or unsafe product; and 3) the defect existed when the product left the control of the manufacturer.’ " Liberty, 155 Idaho at 733, 316 P.3d at 649 (quoting Farmer v. Int'l Harvester Co., 97 Idaho 742, 746–47, 553 P.2d 1306, 1310–11 (1976) ). The district court granted summary judgment on the grounds that the Masseys did not show that a genuine issue of material fact existed with regard to whether the pot pies were defective. In its Summary Judgment Order, the district court determined that "[a] pot pie contaminated with salmonella is not defective because salmonella in an uncooked or under cooked product is not considered an adulterant." The district court explained that "[e]ven assuming that a pot pie eaten by Massey was contaminated by salmonella, the deposition testimony of Dr. Tengelsen clearly fails to establish that a pot pie contaminated with salmonella is defective." The district court also concluded that a Food Safety and Inspection Service (FSIS) investigation and its "conclusions drawn therefrom does not determine that any of the pot pies were adulterated, and therefore, defective."

The Masseys argue that Karrin's affidavit established a defect under Idaho law, that Dr. Tengelsen's testimony did the same, and that the district court erred in its analysis of certain nonbinding case law. ConAgra disputes all of these assertions, and adds that the district court did not err in failing to find evidence of a defect based on USDA guidelines.

"[T]he term ‘defect’ is not susceptible of a general definition but must be considered on a case by case basis." Farmer, 97 Idaho at 747, 553 P.2d at 1311. In defining what constitutes a defect, this Court has favorably quoted the Restatement (Second) of Torts, § 402A (comment g 1965) as follows: "Defective condition. The rule stated in this Section applies only where the product is, at the time it leaves the seller's hands, in a condition not...