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Harris v. International Truck and Engine Corp.10/18/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED: 10/18/2005
BEFORE KING, C.J., IRVING AND BARNES, JJ.
. Norman Harris filed an action against International Truck and Engine Corporation (International), alleging that he and Davey Harris suffered severe injuries while driving an International Harvester Scout II (Scout). After discovery, International filed a motion for summary judgment against Harris, which the trial court granted. Harris now appeals the entry of the summary judgment order and raises the following issues on appeal: (1) whether the trial court erred in not allowing a heeding presumption that adequate instructions would have been read and heeded; (2) whether the trial court erred in finding that the causation requirement for products liability was not satisfied when there were chisel marks on the Scout's axle and International's service manual instructed mechanics to use a chisel procedure; (3) whether the trial court erred in refusing to allow the jury to infer that adequate instructions would have been heeded; and (4) whether the trial court erred in finding that circumstantial evidence of causation should not have gone to the jury. International responds that the trial court properly found that Harris failed to show any genuine issue of material fact concerning causation, a necessary element of his products liability claim. We agree and affirm the holding of the court below.
FACTS
. On April 23, 1995, Davey Harris was driving his Scout home from work when the left rear axle of the Scout snapped, causing the vehicle to overturn. Norman Harris, Davey's brother, was a passenger in the truck at the time. Norman Harris suffered some injuries, and Davey Harris was left a quadriplegic as a result of the accident. Davey Harris was not the original owner of the Scout, which was about fifteen years old when he purchased it in 1993.
. At the time of the accident, the Scout was equipped with a straight roller bearing manufactured by Bower. It was established in the trial court that when the vehicle was manufactured in 1979 it contained a tapered roller bearing manufactured by Timken. Therefore, the original Timken bearing was removed and replaced between 1979, when the vehicle was manufactured, and 1995, when the accident occurred. No evidence was presented as to who replaced the bearing, when it was replaced, how many times it had been replaced, or whether the individual replacing the bearing had used the International service manual when removing the bearing for replacement.
. The owner's manual that came with the Scout suggested that the owner take the vehicle to a certified International mechanic if there was a problem with the bearing of the vehicle. Nothing in the owner's manual explained how to replace or remove the bearing, but there was a separate service manual distributed to mechanics that provided instructions. The instructions in this service manual gave a specific process for removing the bearing on the vehicle's axle: first, the mechanic was to remove the retainer ring by cutting part-way through it with a cold chisel while being careful not to cut through to the axle and second, the mechanic was instructed to use a press to remove the actual bearing.
STANDARD OF REVIEW
. In determining whether the entry of summary judgment in a case is proper, this Court reviews the decision of the trial court de novoand makes its own determination on the motion. Lowery v. Guar. Bank and Trust Co., 592 So. 2d 79, 81 (Miss. 1991). We review all the evidence from the court below, including pleadings, depositions, interrogatories, admissions, and filed affidavits. This ev
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