Walton v. Chrysler Motor Corp., 45535

• Decision Date: 15 December 1969
• Docket Number: No. 45535,45535
• Citation: 229 So.2d 568
• Parties: Charies W. WALTON v. CHRYSLER MOTOR CORP. and Chrysler Corp.
• Court: Mississippi Supreme Court

Page 568

229 So.2d 568

Charies W. WALTON v. CHRYSLER MOTOR CORP. and Chrysler Corp.

No. 45535.

Supreme Court of Mississippi.

Dec. 15, 1969.

Rehearing Denied Jan. 12, 1970.

Joe H. Daniel, John M. Roach, John B. Clark, Daniel, Coker, Horton & Bell, Jackson, for appellant.

B. L. Riddick, Watkins & Eager, William F. Goodman, Jr., Jackson, for appellees.

RODGERS, Justice.

This is a products liability case in which the injured plaintiff sues the driver of the automobile which collided with the automobile operated by the plaintiff, and sues the national distributor and manufacturer of the automobile driven by plaintiff. Charles W. Walton was the plaintiff and is the appellant here. Wade E. Morrison operated the automobile which collided with the vehicle driven by the plaintiff. Chrysler Corporation was the manufacturer of the vehicle operated by the plaintiff and The Chrysler Motor Corporation is the national distributor for and subsidiary of the manufacturer.

When the plaintiff concluded his direct testimony, the plaintiff announced a settlment with Wade E. Morrison. The manufacturer and distributor moved the court for a directed verdict. The trial court sustained the motion of the distributor, but overruled the motion of the manufacturer. Whereupon, testimony was offered by the manufacturer to show that the accident was caused by the defendant Wade E. Morrison; that the automobile seat alleged to have been broken during the collision was a seat designed for ordinary use of the automobile, and was not designed to withstand the shock of a highway collision. Testimony was given as to the weight necessary to break the 'bumper' on the seat alleged to have been broken in the collision.

The facts upon which this case is based are relatively simple. The plaintiff, Charles W. Walton, was operating a 1963 Plymouth Valiant, two-door automobile, in a westerly direction on West Capitol Street in Jackson, Mississippi. As he approached the intersection of North Prentiss Street, the traffic came to a stop. The plaintiff stopped, whereupon Wade E. Morrison drove his 1955 Mercury into the rear of the plaintiff's automobile with considerable force. The plaintiff was propelled backward and forward so that he was flung against the back of the seat. A screw which held a nylon plate onto the seat or back rest of the automobile driven by plaintiff was broken and sheared causing the back of the seat to collapse backward and flop down, so that the plaintiff was propelled in a prone position and then flung forward against the steering wheel of his automobile. The plaintiff was seriously injured. The plaintiff contends here that his injury was caused by the defendant Wade E. Morrison, and also as a result of the joint negligence of the manufacturer in 'improperly designing and in wrongfully, negligently and improperly manufacturing an automobile seat which was not reasonably safe for its intended use.'

There is no real issue as to the facts in this case; the issue here is a question of law. In view of our conclusion as to the issue, we do not deem it necessary to study nor to discuss whether or not the Chrysler Motor Corporation would be liable in a proper case where knowledge of an alleged defect is shown in evidence.

The issue to be determined here is whether or not this Court will extend the strict liability rule to include a case where the defect in the article sold did not cause the initial accident, but did, when combined with the force put in motion by the accident, add to, or become a part of the cause of injury to a human being, so as to subject manufacturer to liability.

In the instant case, it is clear that the alleged defect in the automobile did not cause the accident. It is equally clear, however, that the weakness of the bumper and screw did, or could have, added to the seriousness of the plaintiff's injury. The driver of the automobile that crashed into the rear of the automobile operated by the plaintiff caused the accident. Nevertheless, plaintiff believes and charges that he would not have been seriously injured if the back of the automobile seat in which he was riding had not broken so as to let the back flop to a prone position.

The defendant automobile manufacturer contends that-although it recognizes the strict liability rule making the manufacturer liable to persons injured by defects in the automobiles made by it-nevertheless, it is not liable for injuries resulting from highway collisions caused by other automobile drivers.

The appellant points out that this Court has adopted the strict liability rule recommended by the American Law Institute's Restatement of Torts with reference to the manufacturer's liability for defective products. He cites State Stove Manufacturing Company v. Hodges, 189 So.2d 113 (Miss.1966), and Ford Motor Company v. Cockrell, 211 So.2d 833 (Miss.1968).

The appellant cites several recent cases which tend to establish the theory of liability for a defect which did not cause the initial accident but which added to the seriousness of the injury. He cites Larsen v. General Motors Corp., 391 F.2d 495 (8th Cir. 1968).

In the Larsen case, the plaintiff was injured in a 'head-on' automobile collision. The steering mechanism was pushed backward into the plaintiff's head. The plaintiff contended that he would not have been as seriously injured if the steering mechanism had not been thrust backward as the result of a defectively designed automobile. Summary judgment was granted the defendant. On appeal the court held that the plaintiff had stated a cause of action and reversed the case for a new trial. The court in that case pointed out:

'General motors contends that it has no duty to produce a vehicle in which it is safe to collide or which is accident-proof or incapable of injurious misuse. It views its duty as extending only to producing a vehicle that is reasonably fit for its intended use or for the purpose for which it was made and that is free from hidden defects; and that the intended use of a vehicle and the purpose for which it is manufactured do not include its participation in head-on collisions or any other type of impact, regardless of the manufacturer's ability to foresee that such collisions may occur. * * *' (391 F.2d at 498)

The court then said that:

'There is a line of cases directly supporting General Motors' contention that negligent design of an automobile is not actionable, where the alleged defective design is not a causative factor in the accident. The latest leading case on this point is Evans v. General Motors Corporations, 359 F.2d 822 (7 Cir. 1966), cert. denied, 385 U.S. 836, 87 S.Ct. 83, 17 L.Ed.2d 70 (1966). * * *' (391 F.2d at 498)

The court, however, held:

'We think the 'intended use' construction urged by General Motors is much too narrow and unrealistic. Where the manufacturer's negligence in design causes an unreasonable risk to be imposed upon the user of its products, the manufacturer should be liable for the injury caused by its failure to exercise reasonable care in the design. These injuries are readily foreseeable as an incident to the normal and expected use of an automobile. While automobiles are not made for the purpose of colliding with each other, a frequent and inevitable contingency of normal automobile use will result in collisions and injury-producing impacts. No rational basis exists for limiting recovery to situations where the defect in design or manufacture was the causative factor of the accident, as the accident and the rewulting injury, usually caused by the so-called 'second collision' of the passenger with the interior part of the automobile, all are foreseeable. Where the injuries or enhanced injuries are due to the manufacturer's failure to use reasonable care to avoid subjecting the user of its products to an unreasonable risk of injury, general negligence principles should be applicable. The sole function of an automobile is not just to provide a means of transportion, it is to provide a means of safe transportation or as safe as is reasonably possible under the present state of the art.' (391 F.2d at 502)

In the case of Noonan v. Buick Company, 211 So.2d 54 (Fla.App.1968), the plaintiff alleged that his three-year-old son grabbed the steering wheel of his Buick automobile as he drove along the highway; that plaintiff in an effort to adjust quickly turned the steering wheel to avoid a skid; that the driver's seat collapsed catapulting him forward so as to strike his head against the frame of the car causing him to become unconscious and causing the automobile to overturn, serously injuring the plaintiff. The trial court dismissed the case. On appeal that court said:

'The complaint alleges negligent manufacture which the appellee ought to have foreseen might cause injury in an emergency situation. A jury could find that the appellant's injury resulted from appellee's alleged negligence and not the act which caused the emergency situation.

'The complaint alleges facts which when accepted as true and when aided by reasonable inferences are sufficient to require an answer. * * *' (211 So.2d at 56)

One of the cases most favorable to the contention of the appellant is the case ...