Saena v. Zenith Optical Co.

• Decision Date: 15 May 1951
• Docket Number: No. 10334,10334
• Citation: 135 W.Va. 795,65 S.E.2d 205
• Parties: SAENA, v. ZENITH OPTICAL CO. et al.
• Court: West Virginia Supreme Court

Page 205

65 S.E.2d 205

135 W.Va. 795

SAENA, v. ZENITH OPTICAL CO. et al.

No. 10334.

Supreme Court of Appeals of West Virginia.

Submitted April 17, 1951.

Decided May 15, 1951.

Syllabus by the Court.

1. 'In an action brought in this state to recover damages for a personal injury received in another state, the right of recovery will be tested by the laws of that state.' Clise v. Prunty, 108 W.Va. 635, .

2. In an action against the manufacturer of a glass coffeemaker, for injuries alleged to have resulted from negligent manufacture thereof, or negligence in inspection thereof, no inference of negligent manufacture or inspection arises from the mere fact that the injury occurred while the article was being used for the purpose for which it was manufactured.

Scherr, Meek & Vinson, Huntington, for plaintiffs in error.

Campbell & McNeer and C. F. Bagley, Jr., all of Huntington, for defendant in error.

GIVEN, Judge.

Plaintiff, Adeline O. Saena, instituted this action of tresspass on the case in the Circuit Court of Cabell County for recovery of damages for personal injuries, resulting unto her from the breaking or shattering of a glass coffeemaker manufactured by defendants. Judgment for plaintiff was rendered upon a verdict of $2,500.00. The coffeemaker was purchased by plaintiff from a retail store in Chicago, Illinois. Defendants manufactured the article at Huntington, West Virginia, and sold it, in its original package, along with a number of other coffeemakers, to a distributor in Chicago, who resold it to the retail store. The declaration charges that defendants knew and intended that the retail store would make sale of coffeemakers to the public, including the plaintiff, 'and said defendants knew or should have known that said coffeemarkers were imminently dangerous'; that it was the duty of the defendant 'to use reasonable care in the manufacturing and assembling of said coffeemakers, and to use reasonable care in the inspecting of the same', and that the defendants '* * * not regarding their duties as aforesaid, carelessly, negligently and improperly manufactured and assembled said coffeemaker thus purchased by the plaintiff, and negligently failed to inspect the same, and as a proximate result of the improper, careless and negligent conduct of the defendants, and each of them, as aforesaid, when the plaintiff on or about the 10th day of April, 1948, was making coffee in said coffeemaker, manufactured and assembled by the defendants as aforesaid, using due and reasonable care for her own safety and following the instructions furnished by the said defendants, said coffeemaker containing hot water and coffee exploded, cracked, broke and shattered, causing the plaintiff to be cut by the glass of which said coffeemaker was made and to be severely burned by the hot water and coffee contained in said coffeemaker so that plaintiff was seriously and permanently injured in and about her head, neck, shoulders, body, arms, legs, hands and otherwise, and said injuries of the plaintiff as aforesaid were the proximate result of the improper, careless and negligent conduct of said defendants, and of each of them. * * *'

It appears that plaintiff, while shopping at a retail store in Chicago, observed a number of glass coffeemakers on display; that she purchased one of them, took it to her home, but later returned it to the store, for the reason that it was considered unsatisfactory by her husband. At the time she returned the coffeemaker she selected another one from the several coffeemakers on display, which was, by a clerk of the store, replaced in its original carton and delivered to plaintiff, along with instructions and warnings as to its use and care. Plaintiff used the coffeemaker an unknown number of times between the date of purchase, January 16, 1948, to the time of the injuries, April 10, 1948, which injuries occurred at the home of plaintiff in Chicago.

No person other than plaintiff was present at the time of the injuries. She testified, in effect, that she had at all times used the coffeemaker in exact accordance with the instructions furnished with it by defendants; that at the time of the injuries she was making coffee on a gas stove; that 'After the water in the bottom part came to a boil I took the top part and began to insert it into the bottom part. And there is a sort of a suction that you get it into. And then the coffee is to begin to rise. Well, as I was putting it down I didn't quite have it in the suction and the coffee began to come up. And it surprised me, it just shattered, because I knew it wasn't quite in the groove. And here the next thing I knew the glass just shattered and the water that was in the top--the little bit that there was, just splashed on to my stomach and the glass that shattered, it just shattered in little pieces and it cut my hand, my right wrist.' The injuries were severe. There was a transverse laceration across the anterior portion of the wrist, just above the wrist joint. Four tendons and the median nerve were severed. In the opinion of the physician who treated her, some permanent disability resulted.

The coffeemaker consisted of a lower glass bowl or server and upper glass bowl and a glass filter. Only the upper glass bowl was broken. To make coffee, water is placed in the lower bowl and brought to a boil. Ground coffee is placed in the upper bowl and pressure, developed in the lower bowl by the boiling water, forces water through the filter tube into the upper bowl, where it mixes with the coffee grounds. The coffee then drains back through the filter tube into the lower bowl after the pressure in the lower bowl is reduced. The upper bowl remains open and is supposedly designed to fit into the opening of the lower bowl so as to prevent excess pressure in the lower bowl.

Defendants admit that they manufactured the coffeemaker in question under the trade name 'Fireglas', and that it was one of a number of coffeemakers sold by them to the Chicago distributor, who resold it to the retail store. Each coffeemaker was assembled at the factory in Huntington, placed in an individual carton and repacked in a master carton. Defendants offered evidence to the effect that the coffeemakers manufactured by them were manufactured in strict accordance with the best known methods and from materials universally used by manufacturers of such glassware; that each coffeemaker was subjected to repeated tests and inspections; that such tests were 'standard and accepted manufacturing procedure' in the manufacture of glass coffeemakers; that any coffeemaker found by any test to be defective was discarded and that '* * * out of all the coffeemakers we have made, percolators also, this is the first I have ever heard of' blowing up.

Certain statements, instructions and warnings accompanied each of the coffeemakers. We think the following quotations sufficiently inform as to the nature and character thereof:

'The Fascinating Story of Fireglas * * * The Zenith Optical Division of Polan Industries has long been recognized as a company noted for its achievements and developments in the field of special glasses. As a result Polan Industries was called upon to produce must of the glass used in the war effort. Typical of the many problems in glass was the production of a lens for a naval range finder which could sight a spot on the mast of an enemy ship ten miles away and give the distance accurately to a fraction of an inch! So, too, with Fireglas which, after successfully meeting such requirements as a temperature of 2000 degrees and unusually severe shock tests, was used in much of the radar and electronic equipment. Fireglas has since returned to civilian life with an amazing service record on land, sea, and in the air. Fireglas which served you in war, now serves you in Peace. Fireglas is the registered trade merk of Polan Industries.'

'Care of Your Fireglass Coffeemaker Means Long Life * * * 1. Do not place your empty server over the flame or electric plate, or allow your server to boil dry. Use medium heat. 2. Do not allow any of the glass parts to come into contact with cold water, wet cloths, or cold surfaces while they are still hot. 3. Do not use the server for deep fat frying. 4. Stains or deposite may be easily removed by boiling in water containing a tablespoon of baking soda, or a little vinegar. 5. If your electric range is a 1940 model or later, always use an asbestos pad or wire rack between the coffeemaker and the heating element.'

'Guaranteed For One Year. If within one year of purchase any of the glass parts should break due to heat, your dealer will replace the parts, providing the coffeemaker has been used according to instructions. Merely return the broken pieces to your dealer.'

'Be sure all Fireglas vessels contain some liquid before they are placed over flame. Do not allow any hot glass part to come in contact with cold water, wet cloths or wet surfaces. Do not use for deep fat frying. Do not allow food to stick; stir from bottom several times. Do not let flame go above the water line. To eliminate mineral deposits wash out with soap and hot water. If not clean fill vessel half full hot water and add one tablespoon of vinegar. Boil for a few minutes and wash with soap and hot water.'

'Thoroughly Tested * * * Liberally Guaranted. Exery piece of Fireglas had undergone innumerable tests for perfect uniformity in size and thickness, plus the special Enduro-proofing which enables it to vigorously withstand breakage not only from heat but from blows as well. This makes possible the liberal guarantee which goes with all Fireglas products. For cooler and more attractive kitchens, Fireglas is the ideal top of stoveware.'

'Every Item Fully Guaranteed When Used According to Our Directions. Under the terms of our guarantee we replace any glass part found defective due to the...