McCoy v. Otis Elavator Co., Inc.
| Decision Date | 14 June 1989 |
| Docket Number | No. 20,527-CA,20,527-CA |
| Citation | 546 So.2d 229 |
| Parties | Kenneth D. McCOY, et al., Plaintiffs-Appellees, v. OTIS ELEVATOR COMPANY, INC., Defendant-Appellant. 546 So.2d 229 |
| Court | Court of Appeal of Louisiana — District of US |
Mayer, Smith & Roberts by John C. Turnage, Shreveport, for defendant-appellant.
Nelson, Hammons & White by John L. Hammons, Shreveport, for plaintiffs-appellees.
Before NORRIS and HIGHTOWER, JJ., and JASPER E. JONES, J. Pro Tem.
Defendant, Otis Elevator Company, Inc., appealed a judgment rendered against it in a products liability suit which resulted from an injury sustained by a workman who was using a freight elevator manufactured without doors by defendant. Defendant raised four assignments of error:
(1) The jury erred in finding the elevator to be defective;
(2) The jury erred in not finding plaintiff to be 100% at fault;
(3) The jury erred in finding Otis to be partially at fault in view of the third party demand filed by it against the owner of the building in which the elevator was installed; and (4) The Louisiana Products Liability Act of 1988 should be applied retroactively to this suit and result in reversal.
Finding that the jury did not err, we affirm.
On August 26, 1982, plaintiff, Kenneth Dale McCoy was employed as an electrician with Burnett Electric Company. Burnett subcontracted the renovation of the Ward Building in downtown Shreveport. During the demolition phase of the work plaintiff disconnected, as instructed, all electric power in the building except for the elevators. Plaintiff worked at the Ward Building for a day and a half and had operated the freight elevator three or four times. On plaintiff's second day at the Ward Building he injured his thumb. Plaintiff utilizing the freight elevator designed, manufactured, and installed by defendant in 1923, went to the first aid station located on the third floor. 1 After receiving treatment for his thumb injury plaintiff re-entered the elevator to descend to the first floor but by mistake descended to the basement. The elevator itself contained no doors and unlike the other floors in the building, the basement had no door for entering or exiting the elevator. The basement was dark and the two-light ceiling fixture in the elevator was not functioning. Realizing that he was not on the first floor, plaintiff shifted around, pulled the lever on the manually-operated elevator, and began his ascent to the first floor. Unfortunately, plaintiff positioned part of his right foot beyond the confines of the cab, and as the elevator ascended his foot was squeezed between the floor of the elevator and the ceiling of the basement, causing serious injury. Plaintiff quickly freed his foot, went to the first floor, hobbled out of the elevator, and sought assistance. He was taken to the emergency room at Schumpert Medical Center where he was treated by an orthopedic surgeon.
Plaintiff was hospitalized for six days. After his discharge he utilized crutches for five weeks. Plaintiff returned to work as an electrician seven weeks after the accident but various problems persisted for a year and a half. Plaintiff's foot difficulties curtailed his recreational activities, and he is now a maintenance, rather than construction, electrician since that type of work is more compatible with his condition.
The plaintiff filed suit against Otis Elevator Co., Inc. and Quinn-L Corporation, believed to be the owner of the Ward Building. Plaintiff alleged that the elevator was defective mainly due to the elevator's lack of doors and light. Quinn-L's liability was predicated on the same grounds with the additional allegations concerning the general cluttered condition and insufficient lighting in the basement.
Otis and Quinn-L filed cross-claims against each other. The plaintiff settled with Quinn-L prior to trial and dismissed his claims against it. After a three day trial, the jury returned a verdict fixing plaintiff's damages at $20,000. Otis and Quinn-L were each found 25% at fault. Plaintiff was attributed 50% fault. A judgment was later signed which awarded plaintiff $5,000 against Otis. Otis appealed. Plaintiff neither appealed or answered the appeal.
It is well settled that the verdict of a jury should be affirmed by the appellate court unless the record reflects that the jury's conclusions of fact are not supported by the evidence or the application of law by the jury is clearly erroneous. Doss v. Hartford Fire Insurance Co., 448 So.2d 813 (La.App. 2d Cir.1984), writ denied 450 So.2d 359 (La.1984); Nailor v. International Harvester Co., 430 So.2d 784 (La.App. 5th Cir.1983), writ denied 437 So.2d 1148 (La.1983).
In order to recover from a manufacturer, the plaintiff must prove, among other essentials, that his damages resulted from a condition of the product that made it unreasonably dangerous to normal use. Bloxom v. Bloxom, 512 So.2d 839 (La.1987); Halphen v. Johns-Manville Sales Corporation, 484 So.2d 110 (La.1986); Hunt v. City Stores, Inc., 387 So.2d 585 (La.1980). "Normal Use" is a term of art that includes all intended uses, as well as foreseeable uses and misuses of the product. Bloxom v. Bloxom, supra; Rey v. Cuccia, 298 So.2d 840 (La.1974). A product is unreasonably dangerous per se or in design if a reasonable person would conclude that the danger-in-fact of the product, whether foreseeable or not, outweighs the utility of the product. Halphen v. Johns-Manville Sales Corporation, supra; Hunt v. City Stores, Inc., supra.
It is undisputed that on the date of the accident the elevator did not have an inside door. Otis does not contest the fact that the elevator was manufactured and installed without an inside door. Plaintiff testified that he manually operated the elevator. Even though the lights were out in the elevator, plaintiff could see in the elevator when he passed between the floors because of the light which transmitted through the doors. As plaintiff descended to the basement he recognized that he was not on the first floor because of the darkness. Plaintiff shifted around and began his ascent up the elevator shaft to the first floor when his foot became trapped between the floor of the elevator and the ceiling of the basement. Plaintiff stopped the elevator, removed his foot, and proceeded to the first floor. Plaintiff was taken to the hospital where he was treated.
Dr. Hillman Deaton, a private safety consultant, testified on plaintiff's behalf. Deaton found certain safety hazards associated with the elevator. He initially found that there was no door or "gate" which would prevent a person from being exposed to the outward environment of the basement. He stated that without a door or "gate" there is always the possibility of a person within the elevator loosing his balance and falling. The movement of the elevator itself could cause a person to fall forward. Without a door or "cage" a passenger could conceivably and forseeably contact the structure of the shaft or any of the structural members of the inside of the building. In Dr. Deaton's opinion, if this elevator had been equipped with a door, plaintiff's accident could not have occurred because his foot would not have been able to protrude outside of the elevator. He concluded that the absence of the door caused the elevator to be unreasonably hazardous in its normal use.
Dr. Deaton also found other defects. These included: no door on the balcony landing, no numbers on the floors, no certificate of operation, no communication system inside, no load limit, and defective lighting.
Mr. John McCauly, a former Otis employee for 31 years, testified on defendant's behalf. He stated that the 1923 elevator, designed and built with no doors, was not unreasonably dangerous in normal use because the elevator required an attendant to operate it or the elevator would not move. In his opinion, the general contractor for the renovation was responsible for the landings and doors, as well as lighting in the elevator. He stated that an elevator being utilized without a light is not in normal use.
The jury could conclude from the evidence presented that the elevator manufactured without an inside door or "cage" was unreasonably dangerous in normal use.
Plaintiff's use of the elevator without lights is a foreseeable use or misuse within the meaning of Rey v. Cuccia, supra. Furthermore, the jury could find that but for the elevator being manufactured without the inside door the accident would not have happened.
The danger to which plaintiff was exposed is evident from the testimony of both plaintiff and Dr. Deaton. Plaintiff was exposed to an open shaft while the elevator was in operation. The movement of the elevator, according to Dr. Deaton, could easily cause the operator or other passengers to sway or fall forward. If the passenger fell forward he would be exposed to the bare walls and protrusions between the floors in the elevator shaft. Any appendage of the passenger located outside of the elevator could be crushed between the walls of the elevator and the shaft. The danger-in-fact, associated with an elevator without an inside door, is readily apparent to the trier of fact.
The jury could assess the danger-in-fact and weigh it against the utility of an elevator without an inside door versus an elevator with an inside door. The absence of the inside door was a mere convenience feature associated with loading and unloading freight. The jury could conclude that the danger to which an occupant was exposed far exceeded the utility of this elevator design.
We conclude that there was a substantial evidentiary base for the jury to conclude that the hazardous nature of the elevator outweighed its utility.
Defendant next contends that the jury erred in not finding plaintiff to be 100% at fault. Defendant argues that plaintiff had full knowledge of the elevator's dangerous propensity and he acted with total disregard for...
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