 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Florence County School District #2 v. Interkal2/11/2002
Appeal From Florence County Cody W. Smith, Jr., Special Referee
Submitted November 6, 2001
AFFIRMED
In this contribution action, Florence County School District #2 (School District) appeals the finding that it was not entitled to contribution from Interkal. Interkal appeals the findings that it would have been liable on the underlying suit absent its affirmative defense and that the School District's negligence did not supersede Interkal's negligence. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
On February 22, 1991, a bleacher collapsed during a basketball game in the Hannah-Pamplico High School gymnasium seriously injuring eleven-year-old Anthony Altman. Altman suffered fractures to his right femur, tibia, and fibula.
Hannah-Pamplico High School is a school within Florence County School District #2. Altman sued the School District and Interkal, the manufacturer and seller of the bleachers, for negligence, breach of warranty, and violations of the consumer protection code. The School District eventually settled the case with Altman. It then sued Interkal to recover a pro rata share of the settlement under the Uniform Contribution Among Tortfeasors Act, South Carolina Code Annotated Section 15-38-10 (Supp. 2000).
The first set of bleachers in the Hannah-Pamplico High School gymnasium was installed in 1969, and the second set was installed in 1971. Interkal designed, manufactured, sold, and distributed the bleachers. In 1979, Interkal became aware of problems associated with the type of bleachers installed at Hannah-Pamplico High School. Interkal sent a safety bulletin to all its customers, including the School District, warning that the bleachers might fall and cause personal injury if they were not properly maintained. The safety bulletin urged customers to inspect the bleachers for particular problems, including bent guides, damaged finger locks, missing or damaged slide stops, and loose or missing bolts. Interkal sent another safety bulletin to the School District in 1985 warning about potential safety problems with the bleachers and giving detailed instructions on how to inspect the bleachers. In 1989 Interkal also sent the School District two copies of a Safety Alert Manual which contained additional warnings that failure to properly maintain and inspect the bleachers could result in a safety hazard. The School District did not retain maintenance records concerning the bleachers, nor did it maintain a regular maintenance schedule.
The School District contacted Mastercraft Renovations Systems in 1990 to inspect the bleachers and submit a proposal for repairing them. Mastercraft representative Martin Rapp inspected the bleachers and submitted a proposal for repair which included replacing the truck assembly for the bleachers on the home side of the gymnasium and repairing the bleachers on the visitor's side with parts from the home side which were still safe and operable. Harvey Putnam, the School District's maintenance director, was concerned with the cost of the proposal and requested that Rapp re-inspect the bleachers. After another inspection, Rapp submitted a second proposal in July 1990, which suggested realigning the trucks and welding the stress fractures on the bleachers. Neither proposal was submitted to the school board for consideration.
James Samuel McKnight, Ph.D., testified via deposition for Interkal that the collapse of the bleachers was caused by the School District's failure to follow the recommendations in the safety bulletins provided by Interkal, failure to follow Mastercraft's proposals for renovations, and failure to establish a regular maintenance program.
Page 1 2 3 4 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|