Vines v. Beloit Corp.
| Decision Date | 28 January 1994 |
| Citation | 631 So.2d 1003 |
| Parties | Prod.Liab.Rep. (CCH) P 13,827 Edward E. VINES and Suzanne R. Vines v. BELOIT CORPORATION. 1921313. |
| Court | Alabama Supreme Court |
Richard F. Pate and Susan S. Powers of Richard F. Pate & Associates, P.C., Mobile, for appellants.
Donald F. Pierce, Forrest S. Latta and Andrew C. Clausen of Pierce, Carr & Alford, P.C., Mobile, for appellee.
Edward E. Vines injured his knee while working at Scott Paper Company. Vines brought this action against Beloit Corporation, the designer of most of the equipment in the area where Vines's accident occurred; he sought damages under the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD") and also sought damages on theories of negligence and wantonness. The trial court entered a summary judgment in favor of Beloit Corporation. Specifically, in a detailed and comprehensive order, the trial court stated that Scott Paper was a "sophisticated user of the equipment" that was involved in Vines's accident, that Scott Paper "retained significant control over the design of its plant and equipment," and that Beloit had provided adequate warnings to Scott Paper regarding the risk incurred by Vines. Thus, the court held, Beloit had no liability for Vines's injury.
The law is clear that a summary judgment is proper and must be affirmed on appeal, if the evidence, viewed in a light most favorable to the nonmoving party, shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Rule 56, Ala.R.Civ.P.; Lowe v. East End Memorial Hospital & Health Centers, 477 So.2d 339 (Ala.1985). Once the party moving for a summary judgment makes a prima facie showing that there is no genuine issue of material fact and that the movant is entitled to a judgment as a matter of law, the burden shifts to the nonmovant to present substantial evidence creating a genuine issue of material fact. Rule 56; Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990). If the nonmovant fails to meet this burden, then a summary judgment must be entered in favor of the movant. Coggin v. Starke Bros. Realty Co., 391 So.2d 111 (Ala.1980).
Vines was injured while working at "Paper Machine # 11" at Scott Paper when he became entangled in torn sheets of paper product that were spinning at a high rate of speed. Vines was using a compressed air hose to blow broken paper ("broke") into a disposal chute referred to as the "broke hole." As he was bending over to clean up some paper, a sheet of paper that was winding onto a reel broke. The paper entangled Vines around the head, arm, and body; he was lifted off the floor and then was thrown down, suffering injuries to his knee.
Vines contends that the component part of the machinery that caused his injury (the reel) was unreasonably dangerous or defective; specifically he contends: (1) Beloit failed to design and provide a barrier guard to keep Vines and other workers away from the device that caused the injury; (2) Beloit failed to design or provide safety belts or restraining devices for workers such as Vines; (3) Beloit failed to provide any warnings or provided inadequate warnings with the product; and (4) Beloit failed, after installation of the machine, to warn Vines of the dangers associated with it and/or failed to incorporate in the manuals or safety booklet adequate warnings for Vines's employer.
Paper Machine # 11 is an entire series of machines and pieces of equipment that, together, process pulp wood into paper. It is divided into several sections, including a wet end and a dry end. The machine produces several types of paper, such as paper towels, tissue, and other rolled paper products. Vines was injured at the dry end of the paper machine at the reel section. The reel, or reel drum, turns at a high rate of speed and feeds paper product onto a fiber core. The fiber core is held on a metal shaft called a core shaft. As the reel turns, it collects the paper product onto the fiber core. When the reel is full, it is released and the reel of paper product rolls down a set of horizontal rails and is moved to another location.
It is undisputed that Scott Paper is a sophisticated user of the equipment that was involved in Vines's accident. Scott Paper has 30 years of experience operating this type of paper machinery, and it has its own engineers specializing in the operation of paper machines. It is undisputed that safety is a priority with Scott Paper.
It is also undisputed that Paper Machine # 11 is not a "finished product" that Scott Paper obtained from a single vendor. Although Beloit designed most of the equipment in the area of Vines's accident, it is undisputed that the air hose system Vines was using to blow broke into the broke hole at the time of his accident was designed, manufactured, and sold by a second company. Moreover, the broke hole itself was designed and constructed by a third company.
There is also no dispute that Scott Paper retained significant control over the design of its plant and equipment and that it was knowledgeable about the hazards involved with the operation of its equipment. It maintained control over the procedures to be used by its employees while operating Paper Machine # 11. It is also undisputed that Scott Paper had a comprehensive safety program that combined the use of warning signs, color coded paint, guards, employee communication, and training. Scott Paper's manager of safety testified that he was satisfied that the company's program communicated to employees how they could enter in a safe manner the area where Vines's injury occurred. He stated that the use of guards, the use of warning signs, or the use of paint schemes was each only a part of an overall program designed to promote safety. It is undisputed that Scott...
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