R & R Insulation Services, Inc. v. Royal Indemnity Co.
307 Ga. App. 419
| Ga. Ct. App. | 2010Background
- Wayne Farms owned a Oakwood chicken processing facility with FRP interior finish material installed in 2002 replacing prior wall/ceiling finishes.
- Crane manufactured Lasco Class C FRP; R & R installed FRP on Line Three ceiling using nylon rivets; Wayne Farms sought $260,000,000 in damages.
- Fire in May 2003; Wayne Farms alleges FRP contributed to fire spread due to improper testing/installation and labeling.
- Wayne Farms contends Life Safety Code requires end-use configuration testing; Crane and R & R deny any such duty or proximately caused injuries.
- Courts granted interlocutory appeals; trial court denied motions for summary judgment and spoliation sanctions; appellate panel partially affirmed and partially reversed.
- Key issues include negligence per se, negligent warnings, negligent installation, negligent manufacturing, and spoliation consequences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence per se under Life Safety Code | Wayne Farms: Code requires end-use testing to classify materials; failure to test=endangers; supports negligence per se. | Crane/R & R: Code testing beyond Steiner Tunnel Test not required; no proximate cause proven. | Negligence per se claims fail; no proximate cause shown; summary judgment for Crane and R & R affirmed on this point. |
| Duty to warn regarding installation methods (Crane) | Crane failed to warn about installing Lasco Class C FRP with nylon rivets; warnings could have prevented harm. | Warnings were not adequately proven to be necessary or causally connected; foreseeability and sufficiency for jury still in dispute. | Denial of Crane's summary judgment upheld; jury باید decide whether warnings would have altered outcomes. |
| Duty to warn regarding installation methods (R & R) | Wayne Farms relied on Crane warnings; R & R failed to warn about using Class C FRP with nylon rivets. | Lack of evidence that warnings were provided or known; no duty to warn proven. | Trial court erred in denying R & R's summary judgment; R & R not liable for failure to warn. |
| Negligent installation and related liability | Wayne Farms alleges failure to install in a workmanlike manner by using Class C FRP with nylon rivets. | Lasco Class C FRP met Class C ratings in Wayne Farms's tests; Wayne Farms failed to show breach of duty by R & R. | Summary judgment for R & R on negligent installation affirmed; Wayne Farms failed to prove breach of skillful performance. |
| Negligent manufacturing | Crane manufactured defective FRP causing fire spread. | Records show Lasco FRP met Class C specifications; defect not proven; rivet issues are manufacturing/peripheral. | No negligent manufacturing liability established; trial court reversed on this aspect for Crane. |
Key Cases Cited
- Lau's Corp. v. Haskins, 261 Ga. 491 (1991) (nonmovant must cite specific evidence; cannot rely on pleadings)
- Dozier Crane & Machinery v. Gibson, 284 Ga.App. 496 (Ga. App. 2007) (negligence elements in product cases; summary judgment considerations)
- Exxon Corp. v. Jones, 209 Ga.App. 373 (Ga. App. 1993) (manufacturer duty to warn varies by foreseeability of use)
- Niles v. Board of Regents, 222 Ga.App. 59 (Ga. App. 1996) (open-and-obvious danger rule and warning duties)
- Eyster v. Borg-Warner Corp., 131 Ga.App. 702 (Ga. App. 1974) (causal relationship and admissibility in product cases)
- Boyce v. Gregory Poole Equip. Co., 269 Ga.App. 891 (Ga. App. 2004) (warning literature and installation method considerations)
- Kitchens v. Brusman, 303 Ga.App. 703 (Ga. App. 2010) (sanctions and spoliation remedies)
- Bridgestone/Firestone North American Tire v. Campbell, 258 Ga.App. 767 (Ga. App. 2002) (spoliation and evidentiary sanctions framework)
- Miller v. Ford Motor Co., 287 Ga.App. 642 (Ga. App. 2007) (negligent installation and warranty principles)