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Dutsch v. Sea Ray Boats11/24/1992
CERTIORARI PREVIOUSLY GRANTED; COURT OF APPEALS OPINION VACATED; JUDGMENT OF TRIAL COURT AFFIRMED.
The opinion of the court was delivered by: SUMMERS, Justice.
Plaintiff's new motor boat exploded, injuring him and destroying the boat. Plaintiff sued in manufacturer's products liability. A jury found the manufacturer liable and awarded damages for personal injury and loss of the boat. The Court of Appeals affirmed by memorandum opinion. We granted certiorari to review some issues not previously presented to this court.
The three questions before us on certiorari are these: (1) Were the trial court's instructions to the jury sufficient to impart the applicable law of manufacturer's products liability? (2) Was the defendant allowed proper credit for a settlement made prior to trial by and between plaintiff, his wife, and the retailer of the boat? (3) Can plaintiff rely on the manufacturer's products liability theory to recover for loss of the boat itself, in a case where he establishes his own bodily injury in the occurrence? We answer each question in the affirmative and affirm the judgment entered below.
FACTS
The twin-engine 340 Express Cruiser was manufactured by Sea Ray Boats, Inc., the defendant here. In March of 1985 plaintiff Dennis Dutsch purchased the boat from Bay West, a retail seller of Sea Ray boats, for $71,274.00 plus his trade-in boat. Bay West agreed to add several options to the boat and to prepare the boat for delivery. Bay West personnel installed a passenger seat, a macerator pump, a stereo, a two-way radio and antennae, and also replaced a blower that was not working.
After its delivery to him on May 1, 1985, Dutsch used the boat on several occasions during the early summer months. However, on at least two occasions he returned the boat to Bay West, complaining of gas fumes in the "head." Bay West personnel testified that they searched the engine but did not find a leak. In July he again returned the boat to Bay West because of gas fumes. Bay West again did not find a leak.
On July 21, 1985, Dutsch was using the boat and smelled gas fumes. He turned off the engines and spent the night on his boat. The next morning he smelled no fumes. He turned on the blowers, waited a few minutes, started the generator and then the engines. After a short time one of the engines died. He turned the engine off, waited a few minutes and tried to restart it. He heard a popping sound and a shrill noise. Almost instantaneously, an explosion occurred and he was blown from the boat. Dutsch was pulled from the water by some nearby boaters. The boat was completely destroyed by fire. Dutsch had a prior knee injury which was aggravated by the explosion.
Dutsch and his wife, Kay, brought suit against Sea Ray and Bay West. Just prior to the trial Bay West settled the claim brought by Dutsch for $10,000.00, and by Kay for $75,000.00. Kay dismissed as to Sea Ray. The only claim that went to trial was Dennis Dutsch's manufacturer's products liability claim against Sea Ray. After a three-day trial, the jury returned a verdict in favor of Dutsch for $181,500.00 for personal injury damages and $115,000.00 for property loss.
I. JURY INSTRUCTIONS
A. APPLICABLE LEGAL PRINCIPLES
When considering the propriety of instructions on appeal, this Court is required to consider the instructions as a whole. Messler v. Simmons Gun Specialties, Inc., 687 P.2d 121, 129 (Okla. 1984). The instructions need not be "ideal" but must reflect Oklahoma law regarding the subject at issue. Farrell v. Klein Tools, Inc., 866 F.2d 1294, 1297 (10th Cir. 1
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