SCOTT v. FRUEHAUF CORPORATION
8/6/1990
Decided Aug 6, 1990.
This is a products liability case. The jury awarded respondent Scott $1,125,000 actual damages against appellant-respondent (Fruehauf) and respondent-appellant (Piedmont), and an additional $1,125,000 in punitive damages against Fruehauf alone. The jury found for Piedmont on its crossclaim against Fruehauf for indemnification. We affirm the damages award to Scott and reverse the judgment against Fruehauf on Piedmont's crossclaim.
Scott was injured when he attempted to place a mounted wheel assembly on the axle of a trailer. The wheel rim and side ring explosively separated, striking respondent in the head and destroying nearly all of both frontal lobes of his brain. He is severely disabled and requires twenty-four hour care.
The defective wheel assembly consisted of a multipiece rim and a side ring both manufactured by Firestone Tire and Rubber Company and sold to a trailer manufacturer. The rim and ring were not designed to be used together. The trailer manufacturer sold Fruehauf the trailer in question in a used condition. Fruehauf repaired and reconditioned the trailer, including the tires, but did not break down the wheel assemblies for inspection. Evidence indicates Fruehauf knew at the time that such wheel assemblies are dangerous if assembled from mismatched parts. Fruehauf sold the trailer to Piedmont who then leased it to Scott's employer, a cement company. The incident in which Scott was injured occurred two years later.
Scott settled his claim against Firestone for $675,000 with a guarantee of an additional $200,000 if he did not recover against other parties. He commenced this action and won the verdict indicated above based on strict liability and negligence against Fruehauf and strict liability only against Piedmont.
LIABILITY
Fruehauf and Piedmont raise several issues jointly and will be referred to jointly as appellants. First, appellants contend the trial judge erred in failing to rule that Scott's release of the manufacturer, Firestone, operates as a matter of law to exonerate them from liability. The release of one tortfeasor does not constitute a release of others who contributed to the plaintiff's injuries unless the parties intended such a release or the plaintiff received full satisfaction. Bartholomew v. McCartha, 255 S.C. 489, 179 S.E.2d 912 (1971). The release here evidences no intent to release others from liability and in fact contemplates further litigation against other tortfeasors to fully compensate Scott. We find no merit in appellants' contention.
Appellants argue in the alternative the release should have been admitted into evidence to show Scott's "obligation" to pursue this litigation before recovering an additional $200,000 from Firestone. Scott's motive in bringing this lawsuit does not tend to establish any matter in issue and is therefore irrelevant. Francis v. Mandlin, 215 S.C. 374, 55 S.E.2d 337 (1949). Moreover, appellant's reliance on Poston v. Barnes, 294 S.C. 261, 363 S.E.2d 888 (1987), is misplaced. In that case, we held a release admissible to expose a sham defendant whereas here Firestone is not a party nor does Firestone's release affect appellants' liability to Scott.
Next, appellants contend strict liability does not apply in this case because the wheel assembly was placed into the stream of commerce prior to July 9, 1974, the effective date of the strict liability statute, S.C. Code Ann. ยง 15-73-10 (1976). Appellants cite the manufacture dates of the mismatched ring and rim in 1968 and 1972 respectively as the pertinent dates triggering application of the statute. We disagree.
Section 15-73-10 by its terms determine
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