Webb v. Navistar Intern. Transp. Corp.

• Decision Date: 20 December 1996
• Docket Number: No. 93-501,93-501
• Citation: 692 A.2d 343,166 Vt. 119
• Parties: , Prod.Liab.Rep. (CCH) P 14,839 Bruce and Martha WEBB, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION.
• Court: Vermont Supreme Court

Page 343

692 A.2d 343

166 Vt. 119, Prod.Liab.Rep. (CCH) P 14,839

Bruce and Martha WEBB, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION.

No. 93-501.

Supreme Court of Vermont.

Dec. 20, 1996.

Motion for Reargument Denied

Jan. 3, 1997.

A. Gregory Rainville of Farrar & Rainville and Michael Rose (on the brief), St. Albans, for Plaintiffs-Appellees.

Samuel Hoar, Jr. of Dinse, Erdmann & Clapp, Burlington, and John A. Rupp and Ann L. Gibson of Coffield, Ungaretti & Harris, Chicago, IL, for Defendant-Appellant.

Peter B. Joslin and John Davis Buckley of Theriault & Joslin, P.C., Montpelier, and Victor E. Schwartz, Mark A. Behrens and David Bernstein of Crowell & Moring, Washington, DC, for amicus curiae Product Liability Advisory Council.

Michael F. Hanley and Barney L. Brannen of Plante, Hanley & Gerety, P.C., White River Junction, for amicus curiae Kim P. Lussier.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and PECK, J. (Ret.), Specially Assigned.

DOOLEY, Justice.

Defendant Navistar International Transportation Corporation (Navistar) appeals from a jury verdict that held defendant liable to plaintiffs Bruce and Martha Webb on a theory of strict products liability for a design defect and/or failure to warn plaintiffs of dangers inherent in the design of a tractor. A majority of the Court agrees to reverse and remand this case.

Justice Morse, Justice Peck and I hold that principles of comparative causation apply in this products liability action. We do not agree, however, to a general rule on when comparative principles apply in strict products liability actions, nor on how to implement these principles when they do apply. I believe this case must be reversed and remanded for a new trial because the trial judge failed to instruct the jury on comparative causation. Justice Morse concludes that Bruce Webb is more than fifty percent responsible, as a matter of law, and therefore, under 12 V.S.A. § 1036 (comparative negligence), he would enter judgment for defendant. Justice Peck agrees with Justice Morse that judgment should be entered for defendant but on the ground that the tractor is not defective as a matter of law. Justice Johnson and Justice Gibson would affirm the judgment for plaintiffs; they would hold that comparative principles are not applicable in products liability actions.

The positions of the Justices produce no majority on the mandate. A majority of the Court agrees, however, that the judgment entered on the jury verdict cannot be affirmed. Thus, although Justices Morse and Peck would prefer a mandate of "reversed," they have joined in a mandate of "reversed and remanded" because it accurately represents the center of gravity of the Court. See Cell v. Drake, 61 Idaho 299, 100 P.2d 949, 951 (1940). Thus, the mandate requires a new trial based on principles of comparative causation.

The dissent criticizes the majority for creating a rat's maze from which there is no exit. We strongly disagree with the characterization of the cause or consequence of the Court's voting. If the dissent would accept that comparative causation has now become the rule in products liability cases in Vermont, and participate in an implementation design to guide future cases, the trial judge in this case might know exactly what to do on remand. If a majority could not agree on an implementation design, the trial judge and parties would at least know the full range of options and votes in support of each on this Court. I share Justice Peck's view that we should do all in our power to avoid stalemate, if possible.

I.

On November 13, 1985, at approximately 9:30 p.m., Bruce Webb learned that some of his cows might be out of the pasture. He and his father got out their tractor, a 1978 Model 464 farm tractor manufactured by Navistar, and they proceeded down Route 207 with Bruce Webb standing on the draw bar and his father driving. En route, the tractor was struck in the rear by a car driven by an allegedly intoxicated operator. As a result of the accident, Bruce Webb suffered serious injuries to his legs.

Plaintiffs filed suit against Navistar, the driver of the car, and others. The complaint alleged negligence, breach of warranty, and strict products liability. Claims against all defendants other than Navistar were ultimately dismissed, and the case proceeded to trial against Navistar solely on the products liability claim. Plaintiffs argued that the tractor was defectively designed because (1) it allowed operation of a white field light at highway speeds without provision for separate red tail lights, and (2) it failed to provide a safe passenger location so that Bruce Webb could have ridden on the tractor without exposure to injury. They contended further that defendant failed to provide adequate warnings of these dangers.

The case was tried, and the trial court directed a verdict in defendant's favor on both claims. On appeal, we affirmed the directed verdict regarding defendant's failure to provide a safe passenger location, but reversed as to whether the design of the field light was defective and whether the manufacturer's warning on its use was inadequate. See Webb v. Navistar Int'l Transp., No. 91-384, 159 Vt. 637 (Vt. July 1, 1992) (Webb I) (unpub.mem.).

The second trial focused on the lighting system of the tractor. The Model 464 tractor has a red taillight, two amber lights with road flashers, two red rear reflectors, a reflective slow-moving-vehicle triangle and a white field light mounted on the left rear bumper. A cautionary decal on the left front fender directs operators to use the flashing amber lights at all times when on public roads. The light system is designed so that when the flashing amber lights are in use, the red taillight activates and the white field light does not work. At the time of the accident, the flashing amber lights ¹ and the taillight did not work, and the reflectors were missing. In addition, by riding on the draw bar, Webb blocked the view of the reflective triangle. The cautionary decal also warned against riding the tractor unless a seat or platform is provided and instructed the operator to "[k]eep others off."

The owner's manual for the tractor also provides warnings and instructions. On pages 3 and 4, the manual sets forth rules for safe operation of the tractor. Here, the manual warns: "No riders allowed." It also contains an instruction not to use the white field light on the highway on page 55, under the heading CAUTION!

Webb testified that while travelling on the highway he employed both the headlights and the rear field light on the rationale that more light was better than less light. He indicated that it had not occurred to him that operating the tractor on the highway at night with the rear field light on was a hazard. The operator of the automobile that collided with the tractor testified that he believed the white field light mounted on the left rear bumper was the headlight of an approaching "one-eyed" car.

Plaintiffs tried the case on two theories: (1) that the lighting system was defective because it allowed the tractor to be operated on highways with the field light illuminated, and (2) that defendant failed to adequately warn consumers of the known risk of using the field light while operating the tractor on the highway. The jury returned a verdict in favor of plaintiffs on liability, and the parties stipulated to damages. Defendant appeals, arguing that the evidence was insufficient to support the verdict and that the court erred by failing to instruct the jury that it may apportion liability between the parties. We have the benefit of briefs of amicus parties on both sides of the comparative liability issue. ²

II.

Defendant argues that the evidence was insufficient for the jury to find that its tractor was defective, that its warnings were inadequate, and that either the defective tractor or the inadequate warnings proximately caused Webb's injuries. These arguments all war with our decision in Webb I. On this point, I understand that four of us agree. Except for those eliminated by our decision in Webb I, the parties' claims and defenses remained essentially the same at the second trial. If Webb I remains the law, the evidence was sufficient for the jury to reach a judgment against defendant. See McGee Constr. Co. v. Neshobe Dev., Inc., 156 Vt. 550, 556, 594 A.2d 415, 418 (1991) (verdict will be sustained if, considering evidence in light most favorable to verdict and excluding effect of modifying evidence, there is evidence fairly and reasonably tending to support it).

The jury could reasonably conclude that the danger of operating the tractor on a highway at night with the field light illuminated was not a danger obvious to the ordinary consumer, and plaintiffs presented evidence of a safety device that could have been installed by defendant to prevent such use. Despite the evidence that the automobile operator was intoxicated and changed his story between the time of the accident and the trial, the jury could reasonably conclude that the lighting system on the tractor was defective and was the cause of the accident. Moreover, the question of whether a manufacturer provided adequate warnings about foreseeable dangers is a question of fact properly left to the jury. See McCullock v. H.B. Fuller Co., 981 F.2d 656, 658 (2d Cir.1992) (applying Vermont law).

III.

I do not believe, however, that the judgment in this case can be affirmed. I agree with defendant that comparative liability principles are applicable in strict products liability actions and should have been charged to the jury in this case. Because the split in the Court reserves the details of implementing comparative principles for another day, I state only the reasons we adopt a comparative causation rule.

The doctrine of strict products liability was first developed by the California Supreme Court in Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57, 27 Cal.Rptr. 697, 377...