Bailey v. Cottrell, Inc.
313 Ga. App. 371
Ga. Ct. App.2011Background
- Baileys, Missouri residents, sue Cottrell, Inc., a Georgia corporation that designs and manufactures car-hauling equipment.
- In Indiana, Bailey was injured Oct. 28, 2005, when loading cars on a Cottrell rig and fell from the upper headramp.
- Baileys allege design and manufacturing defects—insufficient headramp space and lack of fall-prevention devices—despite knowledge of risk.
- Trial court, applying Indiana law, granted summary judgment for Cottrell based on assumption of risk and other Indiana defenses.
- Baileys argued Georgia law should apply under lex loci delicti with a Georgia public policy exception; trial court did not apply Georgia law.
- Appeal court conducts de novo review of the choice-of-law issue and reverses, holding Georgia law applies to their claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Georgia public policy requires applying Georgia law. | Baileys invoke public policy to override lex loci delecti. | Cottrell argues Indiana law should apply. | Georgia public policy requires Georgia law. |
| Whether the Baileys preserved the public policy issue on appeal. | Baileys preserved via oral argument at summary judgment. | Baileys failed to brief public policy issue. | Issue preserved for review. |
| If Indiana law applies, whether incurred risk/voluntariness defeats Baileys. | Incurred risk remains a voluntariness issue for jury; Indiana amended statute does not eliminate voluntariness. | Indiana Supreme Court accepts incurred-risk defenses under amended statute. | Indiana incurred-risk defense as to voluntariness remains an issue; but Court reverses overall on choice of law. |
Key Cases Cited
- Alexander v. Gen. Motors Corp., 267 Ga. 339 (1996) (Georgia public policy supports applying Georgia strict liability design standards.)
- Banks v. ICI Americas, Inc., 264 Ga. 732 (1994) (Risk-utility factors for design defect under Georgia law.)
- Davenport v. Cummins Alabama, Inc., 284 Ga.App. 666 (2007) (Georgia strict liability for defective product components.)
- TRW Vehicle Safety Systems v. Moore, 936 N.E.2d 201 (Ind. 2010) (Indiana limits strict design-defect claims; uses reasonable-care standard.)
- S K Hand Tool Corp. v. Lowman, 223 Ga.App. 712 (1996) (Discusses distinction between negligence and strict liability in design defects.)
- Pfeiffer v. Ga. Dept. of Transp., 275 Ga. 827 (2002) (Special circumstances may warrant treating an issue on appeal; preserves argument.)
- Fed. Ins. Co. v. Nat. Distrib. Co., 203 Ga. App. 763 (1992) (Public policy limits of lex loci and comity.)