Schedlbauer v. Chris-Craft Corp., CHRIS-CRAFT

• Decision Date: 14 February 1967
• Docket Number: No. 2,487,CHRIS-CRAFT,Nos. 486,s. 486,2
• Parties: Wilma SCHEDLBAUER, Plaintiff-Appellant, v.CORPORATION, a Michigan corporation, Defendant-Appellee. Stephen SCHEDLBAUER, State Cyclone Mutual Insurance Company, a Michigan corporation, and American States Insurance Company, an Indiana corporation, Plaintiffs-Appellants, v.CORPORATION, a Michigan corporation, Defendant-Appellee. Cal
• Court: Court of Appeal of Michigan — District of US

Page 254

148 N.W.2d 254

6 Mich.App. 1

Wilma SCHEDLBAUER, Plaintiff-Appellant, v. CHRIS-CRAFT CORPORATION, a Michigan corporation, Defendant-Appellee.

Stephen SCHEDLBAUER, State Cyclone Mutual Insurance Company,

a Michigan corporation, and American States

Insurance Company, an Indiana

corporation, Plaintiffs-Appellants, v. CHRIS-CRAFT CORPORATION, a Michigan corporation, Defendant-Appellee.

Cal. Nos. 486, 487.

Court of Appeals of Michigan, Division No. 2.

Feb. 14, 1967.

Ralph H. Adams, Detroit, for appellants.

John F. Allen, Allen, Allen & Shell, Royal Oak, for appellee.

Before QUINN, P.J., and KAUFMAN ^* and McGREGOR, JJ.

McGREGOR, Judge.

These cases were initiated following an incident in which an inboard pleasure boat exploded, burned, and sank. The boat had been in use for approximately 2 years and was owned by a second owner. Evidence indicated the explosion could have been caused by a defective fuel pump, the leaking of gasoline into the bilge, a stuck carburetor, dirt in the carburetor, loose fittings, or a broken fuel line. A jury verdict awarded damages against the manufacturer based on a holding of a latent defect in the manufacture of the fuel pump of the boat. The question is whether that verdict should stand. The trial court thought not and in both cases entered a judgment notwithstanding the verdict on the grounds of no cause of action.

The boat sank in 60 feet of water and has not been seen since. Testimony showed that raw gasoline would be admitted into the bilge area through breather holes in the fuel pump, in the event of a malfunction of the fuel pump, or in the event the diaphragm of the fuel pump became pitted. Raw gasoline in the bilge area was probably the cause of the explosion and it well could have set up the condition resulting in the explosion.

Appellant purchased a 27-foot Chris-Craft inboard boat from the original owner in May, 1962. The boat had been purchased new from the Chris-Craft corporation in the early spring of 1960. No alterations were performed on the boat after it was acquired from Chris-Craft and before the appellants purchased it. Schedlbauer had previously owned four other inboard-type boats and evidence showed he was experienced in the operation of inboard boats. Schedlbauer installed a bilge pump and bilge blower in the boat but made no changes whatsoever in regard to the engine or the fuel system of the boat.

Stephen and Wilma Schedlbauer left St. Clair Shores, Michigan, for a vacation with the boat to Manitoulin Island, in Canada, where they arrived July 10, 1962, having made several stops en route. On the morning of July 12, 1962, the Schedlbauers departed from the lodge. The hatch covers of the boat were left open for approximately one hour before starting the engine. During this hour, Schedlbauer stowed fishing gear and other assorted items into the boat. He then turned on the blower motor for approximately 5 minutes before starting the engine, and permitted the engine to run for about 5 minutes before pulling out into the bay. After pulling out into the bay, Schedlbauer put the boat into neutral and waited for some companion boats to join him for the trip back. At this time, appellant noticed the motor did not sound right and smelled the odor of gasoline. He turned toward the rear of the boat, intending to go back and turn off the engine, and had taken a couple of steps when the explosion occurred, resulting in injury to his wife, Wilma Schedlbauer, one of the appellants herein.

Appellant did not check the fuel pump prior to the accident. Appellant's expert witness, Mr. Barr, testified that in his opinion a defective diaphragm in the fuel pump was the only possible explanation of the explosion. He explained tests that he had conducted which, in his mind, ruled out the possibility that a broken fuel line had caused the explosion. On cross-examination, appellant's expert witness testified he could not say exactly what made the boat explode. He admitted that other things could have gone wrong, and that the explosion could have been caused by: (1) a defective diaphragm, (2) mechanical difficulties in the carburetor, or (3) a leak in the gasoline tank located in the bilge area.

Mr. Jasper, one of the appellee's expert witnesses and chief engineer for the defendant corporation, testified that he is chairman of the sub-committee of fuel line and fuel fittings, which is composed of the members of the Society of Automotive Engineers and the American Boat and Yacht Council, both of which he is a member. He testified that an engine running rough and gasoline leaking into the bilge could be due to slight flooding caused by the carburetor float valve being stuck or not functioning properly. Further, he testified...