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U-Haul International9/26/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
This action stems from a vehicular collision that caused the deaths of Francis J. Radwan and his passenger, Kathy Wade. Radwan's estate (the Estate) filed suit against forty-five defendants, including the parties in this appeal. Defendants U-Haul International, Inc., U-Haul Company of North Carolina, Inc., U-Haul Company of the West Coast of Florida, Inc, and U-Haul Company of Michigan (hereinafter collectively referred to as "U-Haul") filed this appeal against co-defendants Nulls Machine and Manufacturing Shop (Nulls), Kraft Fluid Systems, Inc. (Kraft), and Hydraforce, Inc. (unless otherwise indicated, hereinafter collectively referred to as "the Valve Defendants"). U-Haul and, upon cross-appeal, the Valve Defendants present the following restated issues for review:
1. Did U-Haul have standing to challenge the summary judgment ruling in favor of the Valve Defendants?
2. Did the trial court err in granting summary judgment in favor of the Valve Defendants?
We affirm.
The facts favorable to the nonmoving parties are as follows. On June 8, 1995, Radwan was operating an automobile eastbound on Interstate 74 in Dearborn County, Indiana. Willie Felton, who was operating a rented U-Haul truck, was also traveling eastbound on I-74 and was following immediately behind Radwan's automobile. Felton's U-Haul truck was towing a U-Haul auto transport trailer (the trailer). Radwan approached a road construction zone where the highway narrowed to one lane in each direction. He slowed his vehicle in compliance with the reduced speed signs controlling traffic in the construction zone. Felton attempted to slow his vehicle, but the brakes on the trailer did not work. The U-Haul truck struck Radwan's automobile from behind, sending Radwan's auto across the road and into westbound traffic. Radwan's vehicle struck head-on a vehicle being driven by Billy Savage. Radwan and Wade were fatally injured in the accident. Police officers present at the scene of the accident examined the trailer's brake system and observed that the master cylinder was dry, with some surface rust apparent inside the master cylinder.
The Estate originally sued U-Haul, among others. In its answer, U-Haul asserted nonparty defenses naming several entities, including the Valve Defendants. The nonparty defenses against the Valve Defendants were premised on the claim that if the brakes on the trailer were inoperable, it was in part because of a defective backup return valve (the valve) on the left front brake caliper, which was a component of the trailer's brake assembly. The valve was manufactured by Hydraforce, which sold it to Kraft, which sold it to Nulls, which sold it to U-Haul. The Estate amended its complaint, adding as defendants all of the entities that U-Haul indicated it would name as nonparty defendants, including the Valve Defendants. The Estate asserted a products liability theory of negligence against the Valve Defendants, claiming that the valve was defective. The allegations against each of the Valve Defendants were identical, and included the following:
(a) negligently designed, manufactured, tested, and assembled the valve;
(b) failed to use reasonable care in the testing, manufacturing, and marketing of said valve, which was inherently, imminently, and unreasonably dangerous;
(c) negligently designed the valve when they knew or should have known that the design would result in the breakdown of certain components within the brake system and expose users to unreasonable risk of harm from the valve's design and manufacture;
(d) failed to properly inspect and te
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