Whirlpool Corp. v. Camacho

• Decision Date: 17 January 2008
• Docket Number: No. 13-05-00361-CV.,13-05-00361-CV.
• Citation: 251 S.W.3d 88
• Parties: WHIRLPOOL CORPORATION, Appellant, v. Margarita CAMACHO and Santos Camacho, Individually and on Behalf of the Estate of Joab Camacho, Deceased, and as Next Friend of Asael Camacho and Abisai Camacho, and Salvador Gonzalez, Appellees.
• Court: Texas Court of Appeals

251 S.W.3d 88

WHIRLPOOL CORPORATION, Appellant, v. Margarita CAMACHO and Santos Camacho, Individually and on Behalf of the Estate of Joab Camacho, Deceased, and as Next Friend of Asael Camacho and Abisai Camacho, and Salvador Gonzalez, Appellees.

No. 13-05-00361-CV.

Court of Appeals of Texas, Corpus Christi-Edinburg.

January 17, 2008.

Alene R. Levy, Lynne Liberato, Mark Trachtenberg, Haynes & Boone, Houston, Keith N. Uhles, Royston, Rayzor, Vickery & Williams, Brownsville, Peter J. Rusthoven, Barnes & Thornburg, LLP, Indianapolis, IN, Douglas K. Dieterly, Barnes & Thornburg, LLP, South Bend, IN, Johnny N. Garza, Jr., Houston, for the appellants.

Joe Escobedo, Jr., Luis M. Cardenas, Hockema, Tippit & Escobedo, McAllen, Robert B. Dubose, Kevin Dubose, Alexander, Dubose Jones & Townsend, Houston, Alberto A. Munoz II, Cesar Ricardo Perez, Aaron E. Vela, McAllen, and for appellees.

Before Chief Justice VALDEZ and Justices HINOJOSA¹ and GARZA.

OPINION

Opinion by Chief Justice VALDEZ.

The underlying suit is a products liability design defect case arising out of a fire that allegedly started in a Whirlpool dryer. The fire consumed a home and killed Joab Camacho, a minor. Appellees, and plaintiffs in the court below, are Margarita, Joab's mother; Santos, Joab's father; and Joab's brothers Salvador, Asael, and Abisai.² Appellant Whirlpool Corp. ("Whirlpool") appeals from a judgment based on a jury verdict finding it one hundred percent liable for Joab's death and assessing $14 million in damages. By five issues, Whirlpool contends that (1) the evidence of a design defect is legally insufficient, (2) the plaintiffs intentionally spoliated the fire scene, (3) the jury's finding of no contributory negligence is legally and factually insufficient, (4) the damages awarded are not supported by the evidence, and (5) appellee's counsel made improper jury arguments. We affirm.

I. BACKGROUND

The Camachos' suit alleges that a defectively designed clothes dryer manufactured by Whirlpool caused a fire that burned down their home and led to Joab's death. Before the fire, the Camachos lived in a fourteen by sixty-five foot trailer home near Weslaco, Texas. Joab's bedroom was on the eastern end of the home adjacent to the laundry room. Sometime during the early morning hours of February 11, 2003, a fire started in or underneath the laundry room. The fire completely destroyed the Camachos' home and killed Joab. Margarita and Santos Camacho, Joab's parents, and Asael, Abisai, and Salvador, Joab's brothers, brought a defective design suit against Whirlpool.³

At trial, evidence was presented regarding: (1) events occurring before, during, and after the fire; (2) the design, operation, and safety of the dryer; and (3) the nature and quality of the relationships that individual members of the Camacho family had with Joab.

A. Events Surrounding the Fire

Margarita Camacho testified at trial that on the evening of February 10, 2003, she was washing and drying clothes, and that sometime late in the evening the dryer finished drying a few t-shirts. Margarita opened the dryer door, sat in the living room, and dozed off to sleep. She awoke to the smell of smoke and discovered flames coming from the dryer, which was located along a hallway that led to Joab's bedroom. Margarita screamed that the house was on fire in order to wake-up the rest of the family. Salvador, Joab's older brother, woke up and helped get Asael and Abisai, Joab's younger brothers, out of the home. Santos, Joab's father, tried to go to Joab's room, but could not proceed through the hallway because of the strength of the flames coming from the dryer. Joab was the only member of the Camacho family who did not escape.

Salvador testified that he tried re-entering the home through the living room to retrieve Joab, but the smoke was too intense and hot. He then went around the home on the outside and tried to enter Joab's room through a window, but could not make it inside because of the intense smoke and heat. Salvador called out to Joab and heard him asking for help in a mumbling and tired fashion. Santos tried to enter Joab's bedroom window as well, but he was nearly overcome by the smoke and heat. The Weslaco fire department was called to the scene at 1:26 a.m.

Fire Marshal Arturo Gayton, Jr. arrived at the scene a few hours after the Weslaco fire department was called. He was notified that there was a fatality and immediately began an investigation. According to Gayton's testimony, a fire is first investigated for any criminal activity. Gayton surveyed the home and found no signs of an accelerant. He determined that the fire was accidental and originated in the laundry room based on severity of damage to that portion of the home.

B. The Camacho's Expert Testimony

Ed Sanchez testified for the Camachos regarding the origin of the fire. Sanchez began examining the Camacho property on February 12, 2003 and continued to investigate the origin of the fire for several days. Sanchez thoroughly examined the Camachos' home and property and catalogued the debris by saving it in bins and photographing the scene. Sanchez's investigation also included the use of dogs trained to sniff for accelerants.

Sanchez testified that the fire originated in the dryer. Sanchez based his testimony on the amount and character of damage sustained to the laundry room as compared to the remainder of the home. Sanchez testified that the portion of the home that sustains the most damage is likely where the fire originates and that the laundry room sustained the most damage.

He examined the wiring and flooring in the laundry room. The wiring did not show signs of "arching," which would occur if there were an electrical short. Sanchez therefore excluded an electrical short as the cause of the fire. The laundry room was heavily damaged, except for a 2.5-by-2.5 foot square that was not burned. According to Sanchez's testimony, the unburned square indicates that this area was protected from damage by the dryer. Sanchez also opined that the relatively good condition of the square indicates that the fire did not originate underneath the laundry room.

Sanchez's testimony also addressed the use of gas as a possible cause of the fire. Sanchez testified that trained dogs alerted to the presence of a gas tank in a car near the Camacho home. Sanchez, however, believed that the tank's integrity had been compromised by the fire, and he ruled out the use of an accelerant as a cause of the fire.

Judd Clayton, an electrical engineer, also testified for the Camachos that the dryer was the cause of the fire. Clayton examined the dryer that was used in the Camacho home (the "incident dryer") as well as an exemplar model that was provided to him. He noted that there were no electrical problems with the wiring going to the dryer. Clayton testified that when wiring melts during an electrical fire, the electrical activity would create "almost pinpoint damage," which was not present in the instant case. Clayton's testimony regarding the fire's origin within the dryer relied in part on the Consumer Product Safety Commission's Report on Lint Fires ("CPSC Report"). The trial court admitted the CPSC Report over Whirlpool's objections. Clayton found burned lint in the exemplar dryer, which he stated was a result of lint leaking out between the air chute and the blower housing.

According to Clayton, the Whirlpool dryer used by the Camachos leaked lint into the machinery. Clayton testified that lint is combustible and that, if ignited, it could create an ember that could travel into a load of laundry in the dryer drum. Clayton opined that the corrugated tube used in the incident dryer traps lint. He claimed that Whirlpool could have improved its dryer design by using a smooth tube, using better seals, and installing a screen to trap lint in the dryer's machinery before lint could reach the heater box.

C. Whirlpool's Expert Testimony

John Adams gave expert engineering testimony for Whirlpool. Adams testified that he did not believe that the dryer caught on fire. He testified that when a dryer drum catches on fire, it exhibits a "V" burn pattern on the outside and a horizontal line showing where the fire pushed up to the top of the drum. Adams observed that the incident dryer did not have the burn patterns that Adams believed are characteristic of a dryer drum fire. Adams also testified that the Camachos' lint ignition theory was not plausible as lint burns very quickly and moves fast through the heating element. With regard to Clayton's suggestion to place a screen in the dryer's machinery to catch lint before it enters the heating element, Adams claimed such an alteration would cause lint to accumulate, and the accumulated lint would either catch on fire or slow down the airflow within the dryer.

Another Whirlpool expert witness was Roger Owens, a forensics and fire cause and origin expert. Owens testified that he believed the cause of the fire was either electrical or accelerant based. Owens testified that extension cords powered much of the home. He opined that the condition of the wires was bad and that the fire was started by an electrical malfunction or an accelerant.

Whirlpool also presented testimony on its internal safety and quality control testing.

D. Jury Charge & Final Judgment

The case was submitted to the jury on a products liability theory. The jury answered "yes" to the question of whether Whirlpool defectively designed the Camachos' dryer. It did not find any negligence on the part of Margarita, Santos, or Salvador and, therefore, found that Whirlpool was one hundred percent responsible for Joab's death. The jury awarded Margarita, Santos, and Salvador $3 million each in past and future damages. Asael and Abisai were each awarded $500,000 in past and future damages. Finally, the jury awarded $4 million to Joab's estate for pain, suffering, mental anguish, and expenses. Whirlpool timely filed the...