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Wood v. Bass Pro Shops Inc.9/15/1995
Opinion BY JUSTICE LEROY R. HASSELL
In this appeal of a judgment for the defendant in a product liability action, we consider whether assumption of the risk is a defense to a claim of breach of an implied warranty, and we decide issues relating to the admission of certain evidence.
I.
PROCEEDINGS
Darrell A. Wood filed a motion for judgment against Bass Pro Shops, Inc. alleging, among other things, negligence and breach of express and implied warranties. Wood alleged that he suffered severe personal injuries, including partial paralysis, when he fell from a hunter's tree stand purchased from the defendant.
Wood nonsuited his negligence and express warranty claims, and the case proceeded to trial on his breach of implied warranty claim. The jury returned a verdict in favor of the defendant. We awarded Wood an appeal and agreed to consider the defendant's assignments of cross-error.
II.
FACTS
In accordance with well-settled principles, we will review the facts and all reasonable inferences they raise in the light most favorable to the defendant, who comes to this Court with a favorable jury verdict, confirmed by the trial Judge.
Wood purchased a tree stand after he had seen an advertisement in the defendant's mail-order catalog. The tree stand was designed by Amacker International, Inc., and manufactured by Tree Stand Manufacturing Company. The tree stand was packaged, placed in a box, and shipped to Wood. Wood testified that when he opened the box, neither instructions nor a safety belt accompanied the tree stand. The box manufacturer's representative testified that the following instructions were printed on the side of the box: "Always use a safety belt when using a tree stand." The representative also stated that a safety belt and additional instructions were routinely placed in the same box along with each tree stand and shipped to a customer.
The safety belt is designed to prevent the hunter from falling. One portion of the belt is attached to the hunter's body, and the other portion of the belt is secured to the tree. Wood did not contact the defendant to obtain a safety belt or instructions.
The tree stand, which Wood used when hunting, may be affixed to a tree by wrapping a strap around the tree. The tree stand permits a hunter to position himself at elevations above a deer's line of sight or range of scent. The hunter may either stand on a mesh platform on the tree stand's lower framework or sit on a small seat on the higher portion of the stand.
On November 20, 1991, Wood and his friend, Hardin Daniel Morrison, went on a deer hunt. Wood had previously suffered an ankle fracture and was wearing a short-leg cast on his left ankle. Wood climbed about 26 feet up a tree without using a safety belt and affixed the tree stand to the tree. He took his safety belt, which he had acquired from another manufacturer about a year before he purchased the tree stand, out of his pocket and put it on.
After a couple of hours, Wood decided to end his hunt. He removed his safety belt and placed it in his pocket. He moved the seat of the tree stand and prepared to descend. Then, "something broke Wood fell over twenty feet to the ground." Wood suffered a spinal injury that paralyzed him below the waist.
Wood presented evidence at trial that the tree stand collapsed because the stand was defectively designed and manufactured. The defendant presented evidence that the tree stand was not defective and that Wood's injuries were caused because, inter alia, he had failed to wear a safety belt when preparing to descen
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