 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Darbonne v. Wal-Mart Stores11/2/2000
ations or performance standards for the product or from otherwise identical products manufactured by the same manufacturer.
The plaintiffs sought to prove that the battery was unreasonably dangerous in construction or composition due to a latent defect present when it left the control of the manufacturer. This defect allegedly caused a spark to appear precisely at the moment of ignition thus leading to the explosion. The defendants, conversely, argued that the explosion was caused by acts done by the plaintiff subsequent to purchase. That is, specifically, the defendants alleged that the battery had been overcharged. Both sides offered expert testimony to support their arguments.
In order to recover from a manufacturer under the theory of strict products liability, a plaintiff must prove by a preponderance of the evidence: (1) that the injury resulted from the condition of the product; (2) that the condition made the thing unreasonably dangerous to normal use; and (3) that the condition existed at the time the product left the control of the manufacturer. Bell v. Jet Wheel Blast, Div. of Ervin Ind., 462 So.2d 166 (La.1985); Johnston v. Hartford Ins. Co., 623 So.2d 35 (La.App. 1 Cir. 1993), writ denied, 626 So.2d 1170 (1993). In other words, recovery is allowed so long as the injured party proves by a preponderance of the evidence that the product which caused his harm was defective when it left the manufacturer's hands. Norris v. Bell Helicopter Textron, 495 So.2d 976 (La.App. 3 Cir. 1986), writ denied, 499 So.2d 85 (La.1987).
The experts had to examine the destroyed battery and surmise as to what had caused the explosion based on the condition of the battery following the explosion. In his investigation of the cause of the explosion, Mr. Nelson, plaintiffs' witness, conducted a detailed analysis of the battery, both of the battery surface and of the plates within the cells. He took liberal notes of what he observed. He then created diagrams of his findings and used his formal knowledge and expertise in the fields of engineering and explosives. In the course of his investigation, he found manufacturing defects in the plate and strap of cell number 6 which he asserts caused the explosion.
In his deposition, Mr. Nelson states that when an automobile battery of this type has been properly made, the tab on the top of the plate is fused into the strap. In this battery on cell number 6, he found that one of the tabs was clearly separated from the strap. This is where he contends that the internal ignition occurred. It is his belief that this took place when Mr. Darbonne was starting or trying to start the engine and drawing heavy current from the battery. This heavy current draw, he testified, caused a spark to appear at the defective tab point in cell number 6. The spark then propagated the explosion to the rest of the battery. Mr. Nelson further testified that he believed that this separation of the tab of the plate from the strap either already was in existence when the battery left the manufacturer, or that the tab was so slightly fused to the strap when it left the manufacturer that it easily separated later. He also testified that the strap was not as long as it should have been. In his opinion, the plate separated from the tab either at the moment of the ignition or shortly thereafter or immediately thereafter, thereby causing the explosion.
Mr. Schindler, defendants' expert, conducted an investigation of the exterior of the battery and only where he noted the presence of corrosion. In his testimony he admits to not having looked inside the battery to determine if there were any interior defects. He theorized that the corrosion he examined on the battery h
Page 1 2 3 4 5 6 7 8 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|