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Henderson v. Autozone2/28/2000
APPELLANTS' MOTION FOR REHEARING OVERRULED, OPINION OF MAY 11, 2000,WITHDRAWN, AND CORRECTED OPINION ISSUED SEPTEMBER 28, 2000.
This is an appeal from a take nothing judgment in appellants' products liability suit against Autozone, Inc. and NSK Corporation. In their brief, appellants raised two points of error, challenging the grant of appellees' joint motion for judgment notwithstanding the verdict and challenging the grant of a directed verdict against appellant Michael Henderson. Appellees raised two cross-points challenging the sufficiency of the evidence supporting the jury's answers to two questions. In our opinion of May 11, 2000, we affirmed the trial court's judgment. On May 26, 2000, appellants filed a motion for rehearing raising three points. We overrule appellants' motion, withdraw our previous opinion, and issue this corrected opinion, affirming the trial court's judgment.
BACKGROUND
In 1992, appellant Wayne O. Henderson, Jr., who lives near Beebe, Arkansas, purchased a 1978 Ford truck. Wayne replaced the engine on this truck with an engine he rebuilt from another 1978 Ford truck. In rebuilding this engine, Wayne reassembled the fan blade assembly on the water pump. Wayne changed the engine's water pump and obtained a replacement pump at the Autozone store in Searcy, Arkansas. Wayne showed the store personnel the old water pump and told them he needed a water pump for a 1978 Ford truck with a 302 engine. Wayne installed the new pump. Sometime later, Wayne examined the engine because it was "running hot." His brother, Michael, also an appellant, was standing nearby. While standing in front of the truck, Wayne reached across the engine and revved it twice. The fan flew off the engine, severely injuring Wayne's arm. Although no part of the truck's engine hit Michael, he was struck by Wayne's blood and muscle tissue. Wayne was hospitalized for his injury .
Appellants filed suit against Autozone and the manufacturer of the pump, NSK Corporation, for personal injuries suffered by Wayne and for mental anguish suffered by Michael. At trial, appellants put on one expert regarding liability, Wilson G. Dobson, a mechanical and materials engineer and metallurgist. Dobson testified he has experience in failure analysis of metal products, including the failure of drive shafts and car axles. He presently is self-employed as a consultant. Dobson visually examined the water pump in this case and viewed the fractured surfaces under a microscope. Upon further examination and testing of the fractured surfaces under a scanning electron microscope, Dobson made the following determinations: (1) there was no manufacturing defect because the shaft was manufactured in accordance with the specifications used by NSK, was carburized according to specifications, and met the 5120 hardness values; but, (2) there was a design defect in that the heat treatment method used to harden the metal, a two-step process, resulted in a brittle shaft that would fail without warning. Dobson suggested that a different heat treatment method would have resulted in a more ductile shaft that would bend or stretch before breaking, which would give warnings such as vibrations or belt slippage and possible contact with other engine parts. To obtain this more ductile quality, Dobson suggested a three step heat treatment process, involving heating of the metal, then slow cooling to near room temperature, and finally reheating for an hour or so, followed by tempering. Dobson also suggested alternative designs for the shaft that, in his opinion, could have prevented the accident. Appellees also presented expert testimony.
At the conclusion of the plaintiffs' evidence, the trial court granted a dir
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