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BRAGG v. HI-RANGER9/18/1995
Hi-Ranger filed a general denial to the action and put forth the following defenses: (1) contributory negligence, (2) assumption of the risk, (3) intervening negligence, (4) substantial change in condition of the product after its sale, (5) open and obvious danger, and (6) misuse of the product pursuant to South Carolina Code Ann. § 15-73-20 (1976). During the trial, Hi-Ranger moved for a directed verdict on all causes of action. After the conclusion of Bragg's case, the trial judge partially granted Hi-Ranger's motion and dismissed Bragg's claims based upon strict liability and warranty. He denied the motion for directed verdict on the negligence cause of action. The case went to the jury on the negligence claim and the jury returned a verdict in favor of Hi-Ranger. Bragg appeals the court's ruling on the directed verdict motion and several portions of the jury charge. We affirm.
Scope Of Review
It is axiomatic that a trial court must view the evidence and all reasonable inferences to be drawn from it in the light most favorable to the party opposing a motion for directed verdict. If more than one reasonable inference can be drawn from the evidence, the court must submit the case to the jury. Fleming v. Borden Inc., 316 S.C. 452, 450 S.E.2d 589 (1994). However, where the only reasonable inference from the evidence is that there has been a failure of proof as to a material element of the plaintiff's cause of action,
Facts
James Robert Bragg was employed by Y. C. Ballenger Electrical Contractor, Inc. as a lineman. Ballenger is a large electrical contractor which performs work primarily for Duke Power Company. On June 25, 1990, James Bragg and his partner, Scott Rogers, were involved in a pole change-out procedure for Duke Power working in an aerial bucket truck on energized power lines. Bragg and Rogers were moving electrical lines from a lower pole to a newer and higher pole. The aerial device, which is affixed to a truck, was manufactured by Hi-Ranger. The aerial device was equipped with quick disconnect couplings near the bucket. The couplings permit hydraulic tools to be connected at the bucket for use by workers standing inside the bucket. The couplings also seal off or stop hydraulic fluid from flowing once the hydraulic tool is disconnected.
Bragg was using a hydraulic impact wrench to assist him in his work. This hydraulically-driven wrench was being fed hydraulic fluid under pressure by two hoses. Rogers was on the ground. Rogers testified he heard "a little pop or something" and then heard Bragg yell to turn the truck off. Rogers jumped in the back of the truck to turn off the hydraulic fluid that ran through hoses located along the boom. The aerial bucket was on fire and Bragg jumped out of it. Bragg died several days later from injuries sustained in the fall.
Shortly before the accident, a Ballenger maintenance mechanic replaced the tool hose on the bucket. The tool hose was orange, but the mechanic improperly replaced it with a black hose. The black hose was a conductive as opposed to a nonconductive hose. The aerial bucket caught fire when the conductive tool hose attached to the impact wrench came in contact with more than one energized power line. Several linemen
At trial, Bragg presented two expert witnesses. The first was a retired mechanical engineer who was declared an expert in mechanical engineering and hydraulics. Bragg's case depended largely upon this expert and she endeavored to use this testimony to establish a jury issue as to whether the use of standard quick disconnect couplings on the aerial device rendered it defective. The expert testified that had Hi-Ranger designed a special quick disconnect coupling devi
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