Sears, Roebuck and Co. v. Harris
| Citation | 630 So.2d 1018 |
| Parties | Prod.Liab.Rep. (CCH) P 13,661 SEARS, ROEBUCK AND COMPANY and State Industries, Inc. v. Annie HARRIS, as administratrix of the Estate of Joyce Simpson, deceased, et al. 1911519. |
| Decision Date | 10 September 1993 |
| Court | Alabama Supreme Court |
Lyman H. Harris, Susan Rogers and Lawrence T. King of Harris, Evans, Berg, Morris & Rogers, P.C., Birmingham, for appellants.
Tyrone C. Means and H. Lewis Gillis of Thomas, Means & Gillis and Jere L. Beasley, Frank M. Wilson and J. Greg Allen of Beasley, Wilson, Allen, Main & Crow, P.C., Montgomery, for appellees.
Michael D. Knight of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, and Andrew L. Frey, Evan M. Tager and Katherine J. Henry of Mayer, Brown, & Platt, Washington, DC, for amici curiae Chamber of Commerce of U.S., Nat. Ass'n of Mfrs. and Product Liability Advisory Council, Inc.
Forrest S. Latta, Carr & Alford, P.C., Mobile for amicus curiae Business Council of Alabama.
Davis Carr of Pierce, Carr & Alford, Mobile, and J. Mark Hart of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for amicus curiae Alabama Defense Lawyers Ass'n.
The principal issues, broadly stated, are (1) Whether the plaintiffs presented substantial evidence that the water heater was the actual cause of the death and injuries suffered by the plaintiffs and their decedent; (2) Whether, as a matter of law, the water heater was substantially altered between the date of sale and the date of the accident; (3) Whether the evidence supports a finding that the improper installation of the water heater was a foreseeable misuse of the product; (4) Whether there was substantial evidence that the failure to provide adequate warnings on the water heater proximately caused the death and injuries suffered by the plaintiffs and their decedent; (5) Whether the trial court erred to reversal in allowing testimony of similar accidents to prove notice of the risk of harm caused by defects in the water heater; (6) Whether the plaintiffs presented clear and convincing evidence of wantonness; and (7) Whether the awards of compensatory and punitive damages are due to be set aside on the ground that they are excessive.
State Industries manufactured the Kenmore II gas water heater for Sears in 1981. Sears approved the design and all labelling. Sears and State Industries designed and marketed the water heater so that consumers could install it themselves. A label on the water heater stated, "Let Sears Arrange Installation ... or you can install it yourself." The water heater was designed for use with natural gas. The water heater, however, would burn liquid propane ("LP") gas, and nothing in its design prevented the consumer from connecting it to an LP gas line. The use of LP gas in an appliance designed for use with natural gas produces unusually large amounts of carbon monoxide because of incomplete combustion of the LP gas.
The water heater came with a 15-page instruction manual inserted in a plastic pouch, which was attached to the water heater by a piece of adhesive tape. In the manual were instructions telling users how to install the water heater properly. According to the manual, proper installation included, among other things, venting the water heater by means of a pipe extending from the draft hood of the water heater to the outdoors. Fitted to the top of the water heater, the draft hood covered the flue outlet and collected exhaust gases, which were conveyed through the flue from the combustion chamber at the base of the water heater.
In addition to this manual, the water heater itself had labels containing warnings and instructions for ensuring proper clearance from surrounding walls in closet or alcove installation and containing instructions for lighting the water heater's pilot light. The None of the labelling on the water heater warned of the dangers of carbon monoxide poisoning or explained the necessity of venting the water heater. Also, none of the labelling specifically informed the consumer that the water heater was to be used only with natural gas, and, consequently, not with liquid propane gas. One label, however, displaying sundry specifications of the water heater, such as capacity, water pressure, etc., stated "Equipped for NAT." The "EnergyGuide" label also stated that its estimates of the water heater's annual cost of use were "based on a national average of NATURAL."
alcove and closet installation label made several references to the instruction manual and stated that the water heater should be installed in accordance with applicable local codes.
The water heater in this case was originally purchased from Sears in 1984 by Sam Ferlisi. After properly installing it himself and using it for a brief period in his gasoline service station, Ferlisi stored it for several years in his garage. Ferlisi subsequently gave the water heater to Ruth McCord. In November 1989, Ruth McCord had her grandson Dexter McCord install the water heater in the double-wide mobile home she shared with her great-granddaughters. When Dexter McCord installed the water heater, the instruction manual was missing. Missing also were the draft hood and the inner and outer doors to the combustion chamber, which were designed to cover the opening to the combustion chamber and to be removable in order to allow users to light the water heater pilot light. Ruth McCord's mobile home was originally equipped with a small electric water heater located in a narrow closet in one of the bathrooms. After removing the electric water heater, Dexter McCord installed the gas water heater and connected it to an LP gas tank. He also installed the water heater without a pipe to vent carbon monoxide and other exhaust gases outside the mobile home. At trial, Dexter McCord testified that when he installed the water heater he did not know that gas water heaters required venting. He also stated that he did not know the difference between natural gas and LP gas.
On December 17, 1989, Louisiana Waddell and her three grandchildren, Joyce Simpson, Janice Simpson, and Felicia Simpson spent the night in Ruth McCord's mobile home. Ruth McCord was not present, because she had been admitted to a hospital on December 14, 1989, for a health problem apparently unrelated to this case. The next morning Dexter McCord found Louisiana, Joyce, and Janice unconscious, with their eyes rolled back in their heads and foam around their mouths. Felicia's eyes were open and appeared normal, but she was unresponsive and she too was foaming at the mouth. The four were taken to various hospitals and treated for severe carbon monoxide poisoning. 2 Joyce Simpson subsequently died. Three days later, Barnie Gilliland, an inspector with the Alabama Liquified Petroleum Gas Board, investigated the accident. Gilliland testified at trial that after his investigation he prepared an accident report, and that in it he concluded that the natural gas water heater was improperly installed and that the improper installation caused the injuries and the death.
During the trial, Sears and State Industries sought to prove that the water heater was not lit on the night the accident occurred. Danny Register, an employee of the Highland Home Propane Gas Company, testified that he had made a service call to the mobile home on December 16, the day before the accident. According to Register, none of the family was home. Register stated that a neighbor let him in and that before he left he turned off the gas to Ruth McCord's mobile home at the LP tank. To rebut Register's testimony, the plaintiffs introduced circumstantial evidence that the trailer was locked on December 16, 1989, and that only Louisiana The plaintiffs' complaint contained three counts: (1) violation of AEMLD, (2) negligence, and (3) wantonness, all based on the design, manufacture, labelling, distribution, and/or sale of the water heater.
Waddell and Dexter McCord had keys to the trailer. Louisiana Waddell also testified that on the night of the accident she cooked with the gas stove, which was connected to the same LP gas tank.
To prove the AEMLD claim, the plaintiffs produced an expert, Wayne McCain, who testified that the water heater was defective or unreasonably dangerous in three respects. First, McCain stated his opinion that the water heater was defective because it violated the American National Standards Institute ("ANSI") standard 1.27.1. McCain stated that ANSI 1.27.1 (1975) required that an installation and instruction manual be permanently attached to the water heater. According to McCain, the fact that the pouch containing the manual was only taped to the water heater violated ANSI standards and made the water heater unreasonably dangerous. Second, McCain stated that the water heater was defective because it did not have either a carbon monoxide sensor or a carbon monoxide shut-off device. These devices, McCain...
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