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Darbonne v. Wal-Mart Stores11/2/2000
AFFIRMED.
THIBODEAUX, Judge.
The defendants, Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company, appeal a judgment in favor of the plaintiffs, Gerard and Tricia Darbonne, in this products liability suit. The trial judge found that the automotive battery manufactured by Johnson Controls was unreasonably dangerous when it left the control of the manufacturer. The court concluded that the battery's defective condition caused it to explode suddenly and without warning, and was therefore the cause of Gerard Darbonne's injuries. The court awarded Gerard Darbonne $15,000 in general damages plus medical expenses of $723.62 and Tricia Darbonne $1,000 in compensation for loss of consortium. The defendants appeal. We affirm the judgment of the trial court.
I. ISSUES
We shall address the following issues:
(1) whether the trial court erred in failing to conduct the necessary inquiry into the qualification of plaintiffs' expert, Woodrow Nelson;
(2) whether the trial court erred in implicitly concluding that Mr. Nelson was qualified to testify as an expert in this case; and,
(3) whether the trial court was legally incorrect in concluding that plaintiffs' evidence was sufficient.
II. FACTS
On October 26, 1995, the automotive battery in the pick-up truck belonging to Gerard Darbonne exploded when he turned the ignition key to start the engine. Mr. Darbonne heard a sound from under the hood resembling what he described as a "back-fire." He immediately exited the cab of the truck and opened the hood. Upon doing so, he experienced a searing pain in his eyes and on his face, apparently from the vapors given off by the battery in the explosion. Tricia Darbonne transported him to a hospital and subsequently to an eye center where he was seen by an ophthalmologist. Mr. Darbonne informed the doctor that he was unable to see, and the doctor instructed him to rest his eyes and await the return of his sight. After approximately ten days, during which time he remained in his home with his eyes completely covered, he felt his sight begin to return. He claims that he continues to suffer from a sensitivity to bright lights and wears tinted glasses or sunglasses most of the time.
The battery that exploded was purchased by Mr. Darbonne at Wal-Mart in Lafayette. It was manufactured by defendant-appellant, Johnson Controls, Inc. The Darbonnes retained Woodrow Nelson, a mechanical engineer who works in the areas of mechanical and electrical fires and explosions, as an expert witness. Prior to trial, Mr. Nelson was deposed by the defendants. At the trial his deposition was submitted by the plaintiffs in lieu of live testimony. Mr. Nelson traced the cause of the battery explosion to a defect in the battery consisting of improper welding between the plate tab and strap in cell number 6. The defendants, Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company, offered the testimony of David Schindler, an employee of Johnson Controls, Inc. Mr. Schindler testified that the explosion was caused by overcharging the battery. He stated that this overcharge was probably the result of a faulty voltage regulator in the Darbonne's truck and that, therefore, the manufacturer was not responsible for the explosion. The trial court found that the battery was defective in construction or composition which constituted an unreasonably dangerous condition at the time the battery left the control of the manufacturer. The defendants appeal liability.
III. LAW AND DISCUSSION
The Standard of Review
The reviewing court must give great weight to the factual conclusions of
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