McKinnie v. Lundell Mfg. Co., Inc.

• Citation: 825 F. Supp. 834
• Decision Date: 25 June 1993
• Docket Number: No. 92-1237.,92-1237.
• Parties: Irene McKINNIE, Plaintiff, v. LUNDELL MANUFACTURING COMPANY, INC., Defendant.
• Court: U.S. District Court — Western District of Tennessee

825 F. Supp. 834

Irene McKINNIE, Plaintiff, v. LUNDELL MANUFACTURING COMPANY, INC., Defendant.

No. 92-1237.

United States District Court, W.D. Tennessee, E.D.

June 25, 1993.

T.J. Emison, Jr., Alamo, TN, for plaintiff.

Lewis L. Cobb, Jackson, TN, for defendant.

ORDER DENYING PLAINTIFF'S MOTION TO STRIKE DEFENSES

TODD, District Judge.

Plaintiff Irene McKinnie ("Plaintiff") brought this products liability action against Defendant Lundell Manufacturing Company, Inc. ("Defendant") in the Circuit Court for Gibson County, Tennessee, alleging that Plaintiff's son died as a result of the defective and unreasonably dangerous condition of a shredder manufactured by Defendant. Defendant removed the action to this court on the basis of diversity of citizenship. Before the court is Plaintiff's motion to strike certain of Defendant's defenses. For the reasons set forth below, Plaintiff's motion is DENIED.

Federal Rule of Civil Procedure 12(f) provides that, "upon motion made by a party ..., the court may order stricken from any pleading any insufficient defense." Fed. R.Civ.P. 12(f). Although motions to strike affirmative defenses pursuant to Rule 12(f) are generally disfavored, such motions are within the sound discretion of the district court. Federal Sav. & Loan Ins. Corp. v. Burdette, 696 F.Supp. 1183, 1186 (E.D.Tenn. 1988); see Federal Deposit Ins. Corp. v. Butcher, 660 F.Supp. 1274, 1277 (E.D.Tenn. 1987); Federal Deposit Ins. Corp. v. Berry, 659 F.Supp. 1475, 1479 (E.D.Tenn.1987). "An affirmative defense is immaterial if it bears no essential or important relationship to the primary claim for relief." Burdette, 696 F.Supp. at 1186 (citing Butcher, 660 F.Supp. at 1277; Berry, 659 F.Supp. at 1479). "An affirmative defense is insufficient if, as a matter of law, the defense cannot succeed under any circumstances." Id. (citing Brown & Williamson Tobacco Corp. v. United States, 201 F.2d 819, 822 (6th Cir. 1953); United States v. Hardage, 116 F.R.D. 460, 463 (W.D.Okla.1987)).

When jurisdiction is founded on diversity of citizenship, a federal court must apply the forum state's substantive law, including the forum state's choice of law rule. Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 1021, 85 L.Ed. 1477 (1941); Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 822, 82 L.Ed. 1188 (1938); Boyd v. LaMaster, 927 F.2d 237, 239 (6th Cir.1991); MacDonald v. General Motors Corp., 784 F.Supp. 486, 490 (M.D.Tenn. 1992). Tennessee tort law provides that, in strict liability actions as well as negligence suits, choice of law is governed by the law of the state where the injury occurred unless "`some other state has a more significant relationship ... to the occurrence and the parties.'" Hataway v. McKinley, 830 S.W.2d 53, 57, 59 (Tenn.1992) (quoting Restatement (Second) Conflict of Laws §§ 146, 175 (1971)) (abandoning traditional lex loci delictus doctrine); see Winters v. Maxey, 481 S.W.2d 755, 756-59 (Tenn.1972); see also MacDonald, 784 F.Supp. at 490; Myers v. Hayes Int'l Corp., 701 F.Supp. 618, 620 (M.D.Tenn.1988); Babcock v. Maple Leaf, Inc., 424 F.Supp. 428, 432 (E.D.Tenn.1976). In this case, Plaintiff — a Tennessee resident — alleges that her son — also a Tennessee resident — was killed at the Humboldt Recycling Plant in Humboldt, Tennessee. (Compl. paras. 3-5.) This action's sole relationship with any state other than Tennessee is Defendant's status as an Iowa corporation. Because the injury occurred in Tennessee, and because no other state has a more significant relationship to the events and parties in this case, Tennessee law governs this products liability action. Hataway, 830 S.W.2d at 59-60. See Bailey v. Chattem, Inc., 684 F.2d 386, 392 (6th Cir.1982) (quoting Koehler v. Cummings, 380 F.Supp. 1294, 1305 (M.D.Tenn.1974)); MacDonald, 784 F.Supp. at 490; Myers, 701 F.Supp. at 620.

Plaintiff's complaint alleges that Plaintiff's son was killed as a result of a "defective and unreasonably dangerous" slow-speed shredder manufactured by Defendant. (Compl. paras. 5-6.) Plaintiff asserts that Defendant is strictly liable for the injury caused by its allegedly defective product. (Pl.'s Mem. Supp.Mot.Strike at 1-2.) Plaintiff does not, however, assert negligence as a basis for recovery. (Id.) Therefore, this action is governed by the Tennessee Products Liability Act of 1978 ("Act"), Tenn.Code Ann. §§ 29-28-101 to 108 (1980 & Supp.1992),¹ and defenses that do not apply to strict liability claims are immaterial and insufficient.

In its answer, Defendant asserts several defenses: (1) specific denials of certain of the allegations in Plaintiff's complaint; (2) that Plaintiff's son assumed the risk of injury arising from the shredder; (3) that the shredder was not defective at the time it left Defendant's control; (4) that Plaintiff's son's death resulted from the negligence of a person or persons other than Defendant, thereby reducing Defendant's liability; and (5) that Defendant complied with the appropriate state and federal statutes and regulations governing design, labeling and warning, and instructions for using the shredder. (Answer paras. 1-9.) Plaintiff moves to strike Defendant's second, fourth, and fifth defenses.

A. DEFENDANT'S COMPLIANCE WITH STATE AND FEDERAL LAWS

Plaintiff moves to strike Defendant's fifth defense — Defendant's compliance with the appropriate state and federal statutes and regulations — on the basis that this defense fails to conform with the requirements of Federal Rule of Civil Procedure 8(c). Rule 8(c) provides that "a party shall set forth affirmatively ... any ... matter constituting an avoidance or affirmative defense." Fed.R.Civ.P. 8(c). "The key for determining the sufficiency of pleading an affirmative defense is whether it gives plaintiff fair notice of the defense." Wyshak v. City Nat'l Bank, 607 F.2d 824, 827 (9th Cir.1979); see Conley v. Gibson, 355 U.S. 41, 47-48, 78 S.Ct. 99, 102-103, 2 L.Ed.2d 80 (1957); 5 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1274, at 323 (2d ed. 1990). Plaintiff claims that Defendant's fifth defense fails the "fair notice" test because Defendant has not identified the specific statutes and regulations relied upon. Defendant's pleading, however, provides sufficient notice to Plaintiff of the nature of the defense raised — that Defendant intends to assert statutory and regulatory compliance as a defense to this action. In addition, Defendant's answer identifies the scope of the statutes and regulations relied upon as "federal or state statutes or regulations in existence at the time the product was manufactured for design and labeling and warning and instructions for use of the product." (Answer para. 9.) Plaintiff should use discovery procedures to achieve any greater specificity as to the statutes and regulations with which Defendant contends it complied. Accordingly, the court DENIES Plaintiff's motion to strike Defendant's fifth defense.

B. COMPARATIVE FAULT AND ASSUMPTION OF RISK

Plaintiff also moves to strike Defendant's second and fourth defenses — that Plaintiff's son assumed the risk of injury by the shredder and the son's death resulted from the negligence of a person or persons other than Defendant. Plaintiff does not assert Defendant's negligence as a basis for recovery. Rather, Plaintiff's sole theory of liability is the alleged defective and unreasonably dangerous condition of the slow-speed shredder manufactured by Defendant. Defendant contends that, because it "raised the defenses of contributory negligence and assumption of risk simply to give the plaintiff fair notice that the issue of relevant sic fault would be raised at trial," the court should not strike the defense. (See Def.'s Response Pl.'s Mot.Strike at 2.) The court's inquiry is whether, under Tennessee law, the defenses of assumption of risk and comparative fault could, under any set of circumstances, succeed against a strict products liability claim.

Tennessee tort law has recently undergone substantial changes. In McIntyre v. Balentine, 833 S.W.2d 52 (Tenn.1992), the Tennessee Supreme Court abandoned the traditional contributory negligence doctrine and adopted comparative fault. Id. at 57.² Although the McIntyre court attempted to provide guidance to courts employing the new comparative fault standard, the court failed to resolve several issues concerning Tennessee tort law. Id. at 57-58 (noting that its "decision affected numerous legal principles surrounding tort litigation" and that "harmonizing these principles with comparative fault must await another day"); see generally Comparative Negligence Symposium, 23 Mem.St.U.L.Rev. 1 (1992) (analyzing McIntyre and its impact on related issues of Tennessee tort law). The Tennessee Supreme Court's adoption of comparative fault in negligence actions requires a determination of whether courts should extend comparative fault principles to strict liability cases. The Tennessee Supreme Court has not addressed this issue. Therefore, this court must "make a considered `educated guess' as to what decision the Supreme Court of Tennessee would reach." Lee v. Crenshaw, 562 F.2d 380, 381 (6th Cir.1977).³

In cases decided prior to McIntyre, Tennessee courts had repeatedly held that the mere assertion of the plaintiff's negligence did not bar recovery in a strict products liability action brought in Tennessee. E.g., Ellithorpe v. Ford Motor Co., 503 S.W.2d 516, 521 (Tenn.1973) ("Ordinary negligence, defined generally as the failure to exercise the care of a reasonably prudent man, is not a proper defense to strict liability actions."); Abbott v. American Honda Motor Co., 682 S.W.2d 206, 209 (Tenn.Ct.App.1984) ("Contributory negligence cannot be applied as a defense to strict liability."); see Sterling v. Velsicol Chem. Corp., 647 F.Supp. 303, 313-14 (W.D.Tenn.1986) (applying Tennessee law), aff'd in part, rev'd in part, 855 F.2d 1188, 1192 (6th Cir.1988); Holt v. Stihl,...