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Mercer v. Pittway Corp.9/7/2000
t BRK did not make a timely objection to Dr. Russell's testimony on the pricing of BRK's detectors. The objection was made after Dr. Russell's comments were made. BRK therefore failed to preserve error concerning this issue. In any event, evidence of BRK's pricing of smoke detectors was relevant to the risk-utility analysis under plaintiffs' strict liability claim. No error exists here.
IX. Future medical expenses of Travis.
BRK contends that the district court erred when it simply substituted the amount of $397,113.76 for the jury's $1 million award for Travis's future medical expenses. We express no opinion as to an appropriate amount for Travis's future medical expenses because that issue will be decided anew upon remand and retrial.
X. Viability of recovery under tort.
BRK contends that the district court should have sustained its motion for directed verdict because the Mercers failed to state a claim in tort. As outlined in BRK's brief, this contention seems to be based on the argument that plaintiffs are limited to a contract theory of recovery because their complaint about the model 83R smoke detector is that it does not perform as well as a combination smoke detector, which BRK says is a contract-based theory and for which recovery under tort is not available. Upon our review, we conclude that BRK did not raise this specific contention in its motion for directed verdict. We therefore conclude that BRK failed to preserve error on whether plaintiffs are limited to a contract-based theory of recovery and we need not consider the merits of that issue on appeal. See Lamb, 570 N.W.2d at 67 (stating that a motion for judgment notwithstanding the verdict pursuant to Iowa rule of civil procedure 243 must stand on grounds raised in the movant's motion for directed verdict and review on appeal is limited to grounds raised in the directed verdict motion).
XI. Disposition.
We conclude the district court committed reversible error by admitting all 363 consumer complaints into evidence. Only those consumer complaints received by BRK prior to the Mercer fire are admissible, assuming plaintiffs meet their burden of showing that each of the complaints is substantially similar to the facts and circumstances of the Mercer fire situation.
We further conclude that plaintiffs failed to prove that BRK's conduct was willful and wanton. Consequently, the district court erred in submitting the issue of punitive damages to the jury.
We conclude the Mercers presented substantial evidence concerning the elements of a strict liability claim to justify submitting that claim to the jury. Based on the evidence presented, a fact question to be answered by the jury was created concerning whether defendant BRK proved that its model 83R is state of the art. The district court also properly submitted plaintiffs' breach of implied warranty claim as well as plaintiffs' strict liability claim.
No reversible error is found in submission to the jury of the theories of negligent failure to warn and negligent design. The Mercers' negligent testing claim should not be submitted to the jury upon remand.
We affirm in part and reverse in part the district court rulings. The judgment is reversed and the case is remanded for a new trial consistent with this opinion.
Costs on appeal are taxed three-fourths to the Mercers and one-fourth to BRK.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
All justices concur except Neuman, J., who takes no part.
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