Ogletree v. Navistar International Transportation Corp.
Ogletree v. Navistar International Transportation Corp.
Opinion of the Court
The owner of a fertilizer spreader truck backed it over Mrs. Jack Ogletree’s husband, causing his death. Mrs. Ogletree brought this wrongful death action, alleging that Navistar International Transportation Corporation (Navistar), as manufacturer of the truck’s cab and chassis, had negligently breached a duty to install an audible back-up alarm on the vehicle. At trial, the jury returned a verdict in
Division 2 of the Court of Appeals’ opinion engages in the risk-utility analysis only after separately applying general negligence principles in Division 1. However, those concepts cannot be treated as distinct theories of recovery. In a negligent design case, the risk-utility analysis applies to determine whether the manufacturer is liable. Thus, the mandate that a product’s risk must be weighed against its utility incorporates the concept of “reasonableness,” so as to apply negligence principles in the determination of whether the manufacturer defectively designed its product. Ogletree V, supra at 445; Banks v. ICI Americas, supra at 734-735 (1). Accordingly, the Court of Appeals should not have employed negligence principles separately, but only insofar as they are part of the risk-utility analysis delineated in Banks. Therefore, Division 1 of the Court of Appeals’ opinion does not furnish an independent basis for affirming the trial court’s grant of judgment n.o.v.
*646 A judgment n.o.v. is properly granted only when there can be but one reasonable conclusion as to the proper judgment; if there is any evidentiary basis for the jury’s verdict, viewing the evidence most favorably to the party who secured the verdict, it is not error to deny the motion. [Cit.]
Langston v. Allen, 268 Ga. 733, 734 (1) (493 SE2d 401) (1997). See also Sims v. Sims, 265 Ga. 55, 56 (452 SE2d 761) (1995). The Court of Appeals relied upon certain foreign cases involving the absence of back-up alarms and resulting in favorable rulings for the manufacturers. Ogletree VI, supra at 95 (2), fn. 22. However, those decisions are not the only authority on the subject. In other cases from one of the same jurisdictions and at least two additional ones, the courts have concluded that this particular issue of the absence of a warning device was for the jury. Fernandez v. Ford Motor Co., 879 P2d 101, 113 (N.M. App. 1994); Tirrell v. Navistar Intl., 591 A2d 643, 651 (V) (N.J. Super. A.D. 1991); Childers v. Joseph, 842 F2d 689, 697 (IV) (B) (3d Cir. 1988) (applying Pennsylvania law). With regard to the applicable law of Georgia, we recently emphasized that “ ‘[t]he trial court can conclude as a matter of law that the facts do or do not show negligence on the part of the defendant or the plaintiff only where the evidence is plain, palpable and undisputable. (Cit.)’ [Cits.]” Robinson v. Kroger Co., 268 Ga. 735, 739 (1) (493 SE2d 403) (1997). Moreover, in Banks, this Court indicated that it is for the trier of fact to consider the numerous factors which are pertinent in balancing the risk of the product against its utility or benefit. Of course, Banks does not mean that adjudication as a matter of law “is no longer appropriate in any case in which a design defect is alleged.” Sharpnack v. Hoffinger Indus., 223 Ga. App. 833, 834 (1) (479 SE2d 435) (1996). Even so, determination of a product’s risks and benefits as a matter of law, such as in the context of a motion for judgment n.o.v., “will rarely be granted in design defect cases when any of these elements is disputed.” 2 Am. Law Prod. Liab. 3d, § 28:16 (1997 Rev.). Indeed, the adoption of the risk-utility analysis in this state has actually increased the burden of a defendant, in seeking a judgment as a matter of law, to show plainly and indisputably an absence of any evidence that a product as designed is defective. Raymond v. Amada Co., 925 FSupp. 1572, 1578 (II) (B) (1) (N.D. Ga. 1996).
In applying the risk-utility test in Division 2, the Court of Appeals set forth certain “undisputed facts” which were relevant to each of the factors enumerated in the non-exhaustive list in Banks v. ICI Americas, supra at 736 (2), fn. 6. However, this list of undisputed facts failed to include other evidence which weighed in favor of the verdict against Navistar. In determining whether a judgment is demanded as a matter of law, a court should not rely upon certain
“Where there is any evidence upon which the verdict can be based, the jury is free to disbelieve whatever facts are inconsistent with their conclusion and the court cannot substitute its conclusion for that of the jury and enter a judgment notwithstanding the verdict. . . .” [Cits.]
(Emphasis omitted.) Williams v. Swint, 239 Ga. 66-67 (1) (235 SE2d 489) (1977). Here, the trial court erred in granting judgment n.o.v. in favor of Navistar, “[a]s the evidence for the defendant was not ‘plain, palpable, and indisputable,’ there was some evidence supporting the verdict of the jury, and all of the evidence did not demand a verdict for the defendant. . . .” Bryant v. Colvin, supra at 445. Even though, as the Court of Appeals observed, this litigation has been “tortured and protracted,” we must reject any unauthorized shortcut around our jury system. Once again, therefore, we reverse the judgment of the Court of Appeals.
Judgment reversed.
Dissenting Opinion
dissenting.
The majority notes that Banks v. ICI Americas
I am authorized to state that Chief Justice Benham joins in this dissent.
264 Ga. 732 (450 SE2d 671) (1994).
Reference
- Full Case Name
- OGLETREE Et Al. v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION
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- 50 cases
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- Published