Ritter v. Narragansett Elec. Co.
| Decision Date | 01 November 1971 |
| Docket Number | Nos. 1112-A,s. 1112-A |
| Parties | Brenda RITTER, p.a. v. The NARRAGANSETT ELECTRIC COMPANY v. AMERICAN MOTORS CORPORATION et al. Norma RITTER, p.m. v. The NARRAGANSETT ELECTRIC COMPANY v. AMERICAN MOTORS CORPORATION et al. Bridget RITTER v. The NARRAGANSETT ELECTRIC COMPANY v. AMERICAN MOTORS CORPORATION et al. ppeal, 1115-Appeal; 1113-Appeal, 1116-Appeal; 1114-Appeal, 1117-Appeal. |
| Court | Rhode Island Supreme Court |
In February of 1965 each of the three plaintiffs instituted an action of trespass on the case for negligence against The Narragansett Electric Company to recover damages for injuries alleged to have resulted from the negligence of the defendant Narragansett Electric Company. In September of 1966 the defendant Narragansett Electric Company, hereinafter referred to as Narragansett, acting pursuant to Super.R.Civ.P. 14(a), added the defendant American Motors Corporation as a third-party defendant in each action, and in March of 1967 each of the plaintiffs, proceeding under Rule 14(a), asserted a direct claim against the third-party defendant, American Motors Corporation. 1
All of the cases, consolidated for trial, were heard by a justice of the Superior Court sitting with a jury. The jury returned a verdict for each plaintiff against defendant Narragansett and third-party defendant American Motors. A verdict was also returned for third-party plaintiff Narragansett in each case against third-party defendant American Motors. 2 During the course of the trial each plaintiff and each defendant had moved for directed verdicts, all of which motions were denied by the trial justice. Subsequently, the trial justice granted the motions of defendant Narragansett for an unconditional new trial in each case. The court also granted the motions for a new trial of third-party defendant American Motors in the cases of Norma and Brenda, the minor plaintiffs, unless the plaintiff therein filed a remittitur of all of the verdict in excess of an amount prescribed by the court. Thereafter, the parties prosecuted appeals to this court.
It appears from the evidence that the minor plaintiffs were injured on July 7, 1964, while playing in the kitchen of their home. Brenda, then aged four, attempted to look into a pot atop the range, in which water was boiling, in order to ascertain what they would have for their supper. She testified that she had opened the oven door, which was a drop-type door, and that when it came to rest, she put her foot on the edge of the door with the intention of standing on it to look into the pot. As she put her weight upon the door, the range toppled over, trapping both Brenda and her sister, Norma, beneath it. At the same time the pot of boiling water scalded the two children.
It is not disputed that the range had been purchased in April, 1963, by the mother of plaintiff Bridget Ritter. It was delivered to the Ritter home by a contract hauler, authorized by defendant Narragansett, and was placed at a location in the kitchen where a prior range had also been located. The defendant Narragansett had purchased the range from third-party defendant American Motors, and it was received by Narragansett completely assembled. The only addition made to the range by Narragansett was a small electrical cord to be used to plug into an outlet in the wall.
According to the evidence, Narragansett received no instructions or directions from American Motors that the range should be attached to the floor by screws or bolts or its stability increased by the addition of counterweights. According to the evidence, it was described by third-party defendant American Motors as a 'free-standing' range, to wit, one that is not designed to be commected to the premises in which it is to be used but is to stand on its own base and be connected only by a cord inserted in an electrical outlet.
The plaintiffs' appeal in this court amounts to a twofold attack on the decision of the trial justice. They contend that he erred, first, in denying their respective motions for a directed verdict against each of the defendants and, second, in granting the motion of defendant Narragansett for a new trial in each case. The plaintiffs prosecuted no appeal in their cases against third-party defendant American Motors, having complied with the order of the trial justice and filed the remittiturs that had been ordered.
The defendant Narragansett in its direct appeal argues that the trial justice erred in denying its motion for a directed verdict in each case. Narragansett has also prosecuted a cross-appeal, in which it urges that the trial justice committed error of law during the course of the trial in several of his rulings. The third-party defendant American Motors, in prosecuting its appeal contends that it was error for the trial justice to have denied its motion for a directed verdict against each plaintiff. It also contends that several rulings of the trial justice made during the trial constituted error of law for which a new trial should be granted. Perhaps the most significant contention of third-party defendant is that the trial justice committed reversible error in refusing to charge pursuant to its requests for instructions numbered 7 and 9. In these particular requests for instructions, third-party defendant asked that the jury be instructed that it would not be liable for injuries resulting from an abnormal use of the range and that it was obligated to anticipate only that the range would be used for the purposes for which it was intended.
Turning, then, to the appeal of plaintiffs, it is clear that they seek primarily the adoption by this court of the rule of strict liability in tort in cases involving injury resulting from defective chattels. Their request numbered 8 for instruction closely paraphrases the rule of strict liability set out in Restatement (Second) Torts § 402A (1965). The plaintiffs objected to this failure to instruct as requested and in their argument in this court press vigorously for the adoption by this court of the rule set out in the Restatement.
It is our opinion that the first question posed by this contention is whether these cases present an appropriate occasion for the adoption of the rule of strict liability in tort in products liability cases were we to so decide. While the appropriateness of a particular case to serve as a basis for the adoption of the widely accepted doctrine of strict liability is a matter which has many facets, there is in the instant cases a factor which persuades us to conclude that these cases are appropriate.
After an exhaustive study of the briefs, we are persuaded that in these cases the court properly ordered a new trial on defendant Narragansett's motion therefor in each case. We are of the opinion also that the court's refusal to instruct according to requests 7 and 9 of third-party defendant American Motors on the question of the relationship between the intended use of the chattel and the injury constituted an error of law and required that each case involving this defendant should have also been the subject of an order for a new trial.
In other words, it is our conclusion that if we pass upon the merits of these appeals in the posture in which they have been presented to us, all six cases would be remanded to the Superior Court for a new trial. Without intending to extend this opinion unduly, we shall summarize our reasons for so believing that we have here an appropriate occasion for considering whether we should adopt the rule of strict liability set out in § 402A of the Restatement.
In the first place, we are of the opinion that Narragansett's motion for a directed verdict in each case was properly denied. The real issue raised by the pleadings in this respect was whether Narragansett had been negligent by reason of a failure to have inspected or tested the range prior to sale to determine whether it was dangerous. The accepted rule of law set out in § 401 of the Restatement is that one selling a chattel manufactured by another has an obligation to exercise reasonable care to inform the purchaser of the existence of a defect that would render the chattel dangerous in its intended use when the seller '* * * knows or has reason to know that the chattel is, or is likely to be, dangerous when used * * *.' In short, the failure on the part of such a seller to inspect and test the chattel for defects constitutes actionable negligence if he knew or had reason to know that it was dangerous or likely to be dangerous. If the seller does not know nor have reason to know that it is, or is likely to be, dangerous, he is not liable in an action for negligence for harm caused by the dangerous condition of the chattel because of his failure to discover the danger by an inspection or test before the sale. Restatement (Second) Torts § 402 (1965).
In our opinion, the evidence here established that defendant Narragansett was acting as a retailer in the sale of ranges manufactured by third-party defendant American Motors for some period of time. It uncrated and inspected such ranges for exterior damage, displayed them for sale, and had full control and custody over them until the sale. It was further established that available among their employees were experienced salesmen and engineers and others who, a jury could find, knew or had 'reason to know' that the chattel is likely to be dangerous when used. (§ 402) It is important to note that the phrase 'reason to know' means that the defendant or its agents or servants had information from which a person of reasonable intelligence or of the superior intelligence of the defendant or its agents...
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