Slone v. General Motors Corp., 940881

• Decision Date: 21 April 1995
• Docket Number: No. 940881,940881
• Court: Virginia Supreme Court
• Parties: , 63 USLW 2704, Prod.Liab.Rep. (CCH) P 14,207 Dolor D. SLONE v. GENERAL MOTORS CORPORATION, et al. Record

Page 51

457 S.E.2d 51

249 Va. 520, 63 USLW 2704, Prod.Liab.Rep. (CCH) P 14,207

Dolor D. SLONE v. GENERAL MOTORS CORPORATION, et al.

Record No. 940881.

Supreme Court of Virginia.

April 21, 1995.

C. Richard Cranwell, Roanoke (Mark K. Cathey, Cranwell & Moore, on briefs), for appellant.

John D. Eure, Roanoke (Kenneth J. Ries, Roanoke, Ernest H. Eubanks, Jr., Orlando, FL, Johnson, Ayers & Matthews, Roanoke, Rumberger, Kirk & Caldwell, Orlando, FL, on brief), for appellee General Motors Corp.

Melissa W. Scoggins, Roanoke (Daniel P. Frankl, Gentry, Locke, Rakes & Moore, on brief), for appellee Fontaine Body & Hoist Co.

Rosewell Page, III, E. Duncan Getchell, Jr., Darryl S. Lew, McGuire, Woods, Battle & Boothe, Richmond, on brief, amici curiae, in support of appellees.

Present: All the Justices.

HASSELL, Justice.

I.

In this appeal of a judgment in a product liability action, we consider whether a plaintiff, who was injured when a dump truck he was operating "rolled over," has a viable cause of action against the manufacturers of the truck and the dump truck bed sufficient to withstand a motion for summary judgment.

II.

The appellate record is presented to us in an unfamiliar procedural posture. The trial court granted the defendants' joint motion for summary judgment at the pleading stage of this proceeding; accordingly, there has been no trial on the merits. The trial court relied upon facts developed from the plaintiff's responses to the defendants' interrogatories and requests for admissions. Presumably, the trial court also relied upon factual allegations contained in the plaintiff's amended motion for judgment.

As we have recently stated, "[i]n our discovery rules, we have cautioned that discovery ordinarily should not supplant the taking of evidence at a trial." Carson v. LeBlanc, 245 Va. 135, 137, 427 S.E.2d 189, 190 (1993). Additionally, we have recently observed that "the decision to grant a motion for summary judgment is a drastic remedy which is available only where there are no material facts genuinely in dispute." Turner v. Lotts, 244 Va. 554, 556, 422 S.E.2d 765, 766 (1992).

III.

We will state the facts and adopt inferences from those facts in the light most favorable to Dolor D. Slone, the non-moving party, "unless the inferences are strained, forced, or contrary to reason." Bloodworth v. Ellis, 221 Va. 18, 23, 267 S.E.2d 96, 99 (1980).

In November 1986, Slone purchased a dump truck bed from Helms Stone Yard in Roanoke. The dump bed was manufactured and designed by Fontaine Body and Hoist Company. A cab shield, also described as an overhang, which was not manufactured by Fontaine, was affixed to the dump bed sometime after the dump bed left Fontaine's possession. The cab shield was manufactured and installed on the dump bed by an unknown party.

Slone purchased a 1978 truck, consisting of a cab and chassis, from Jack Quesenberry in February 1987. The truck was manufactured and designed by General Motors. Slone and Quesenberry installed the dump bed on the truck.

On July 2, 1987, about 3:50 p.m., Slone drove the truck, with the dump bed attached, to a depot maintained by the Virginia Department of Transportation at Eagle Rock in Botetourt County. As Slone was preparing to dump a load of gravel, he "backed the truck up" to a gravel ramp.

Slone described the accident in his sworn answers to interrogatories. "Several feet from the edge of the dump site, the gravel began to crumble from beneath the subject vehicle. As the ground gave way, the subject vehicle flipped backwards and slid down the side of the dump site for a distance of approximately 60 feet. The subject vehicle came to rest upside down with its grill, hood, roof of the cab, and top of the dump bed all impacting with the ground." Slone "was crushed and trapped in the truck cab" and received serious permanent injuries, including brain damage.

Slone filed his amended motion for judgment against Stephen Ray Hickock, General Motors Corporation, and Fontaine Body and Hoist Company. Slone settled his claims with Hickock, an employee at the depot, and proceeded against General Motors and Fontaine.

Slone asserted numerous claims against General Motors. He alleged that General Motors was negligent and breached certain implied warranties because General Motors designed the truck body "with inadequate bracing and support thereby significantly increasing the risk that, in a foreseeable rollover of the truck body, the roof would easily cave in and cause passengers to suffer serious, painful and grievous bodily injuries." Slone alleged that General Motors' design of "the cab of the 1978 GMC truck body [failed to include] any type of crash padding that, in a foreseeable rollover of the truck body, would have prevented and/or mitigated the kind of serious, painful and grievous injuries suffered by Plaintiff Dolor Slone." Slone also alleged that General Motors failed to conduct adequate testing and failed to warn "of the unreasonably dangerous condition of the cab roof lacking adequate supports and braces that greatly increase the possibility of serious bodily injuries in the event of a foreseeable rollover."

Slone stated, in his answers to interrogatories propounded to him by General Motors that

there is a design defect in the construction of the cab of the truck in which Mr. Slone was injured. The cross sections of the roof support pillars and the windshield header are inadequate to support the weight of the inverted truck. This allowed the partial collapse of the roof when the vehicle dropped over or slid down the ramp on its roof. This partial collapse caused Mr. Slone[']s head to be trapped and crushed between the rim of the steering wheel and the windshield header.

Slone alleged that Fontaine was negligent and breached certain warranties related to the manufacture and design of the dump bed. Slone alleged that Fontaine "designed the ... dump bed with an unsupported, unbraced and extraneous overhang that significantly increased the risk that, in a foreseeable rollover of the truck to which the dump bed was intended to be attached, the overhang would crush the truck cab and cause passengers serious, painful and grievous bodily injuries like the ones suffered by Plaintiff Dolor Slone." Slone also alleged that Fontaine failed to warn of "the unreasonably dangerous unsupported, unbraced and extraneous dump bed overhang that greatly increases the possibility of serious bodily injuries in the event of a foreseeable rollover." Further, Slone alleged that Fontaine "failed to conduct adequate testing to determine the unreasonable risk of foreseeable truck passenger injury due to the unsupported, unbraced and extraneous dump bed overhang."

General Motors and Fontaine filed a joint motion for summary judgment, asserting that they were entitled to judgment, as a matter of law, because Virginia does not recognize the doctrine of "crashworthiness." The trial court considered memoranda of law and argument of counsel and granted the motion for summary judgment. The trial court held that Fontaine could not be liable to Slone because the dump truck was modified after it left Fontaine's possession. Further, the court held that even assuming that Virginia recognizes the doctrine of "crashworthiness," General Motors has no liability to Slone. We awarded Slone an appeal.

Slone argues that the trial court erred by granting summary judgment because there are material facts in dispute, and summary judgment may not be used as a substitute for trial. Slone also argues that the trial court erred in granting the motion for summary judgment because "in the hauling and dumping industry, roll-over accidents are foreseeable; consequently, whether ... [General Motors] properly designed its truck cab to withstand a foreseeable drop/roll-over, whether ... Fontaine properly designed its dump bed without a cab shield and whether ... [General Motors] or Fontaine gave adequate warnings regarding use of the truck and dump bed are questions of fact for the jury."

General Motors contends that, even assuming Virginia recognizes the doctrine of "crashworthiness," the trial court properly found that General Motors did not breach any duties owed to Slone. General Motors also argues that this Court should not recognize the so-called "crashworthiness" doctrine.

Fontaine argues that the trial court properly granted summary judgment to Fontaine because the undisputed facts show that it did not manufacture any product that caused Slone's injuries. Fontaine also asserts that Virginia does not recognize a cause of action for "crashworthiness."

IV.

A.

We have repeatedly articulated the relevant principles that govern whether a manufacturer of a product owes a duty to a person injured by that product. We find no reason to confuse our well-settled jurisprudence by injecting the doctrine of "crashworthiness" and, therefore, we reject this doctrine. ^* Rather, we will apply the principles articulated in our precedent to ascertain whether the trial court properly granted the motion for summary judgment.

Initially, we observe that a manufacturer is not required to supply an accident-proof product. Besser Company v. Hansen, 243 Va. 267, 276, 415 S.E.2d 138, 144 (1992); Featherall v. Firestone Tire and Rubber Co., 219 Va. 949, 963, 252 S.E.2d 358, 367 (1979); Turner v. Manning, etc., 216 Va. 245, 251, 217 S.E.2d 863, 868 (1975).

In Logan v. Montgomery Ward, 216 Va. 425, 428, 219 S.E.2d 685, 687 (1975), we stated several principles which are pertinent here:

The standard of safety of goods imposed on the seller or manufacturer of a product is essentially the same whether the theory of liability is labeled warranty or negligence. The product must be fit for the ordinary purposes for which it is to be used.... Under either the warranty theory or the negligence theory the plaintiff must show, (1) that the goods were unreasonably dangerous either for the use to which they would...