966 N.E.2d 186
Ind. Ct. App.2012Background
- Wade, a Richmond Power lineman, was injured when he fell from a bucket attached to Truck 32 after missing the exterior step, rendering him quadriplegic.
- Terex manufactured the insulating dielectric liner for the bucket without an interior step, as specified by Richmond Power, which did not require an interior step.
- Wade sued Terex under the Indiana Product Liability Act for design defects in the liner's ingress/egress features.
- Trial evidence focused on ANSI A92.2 compliance and safety testimony; Terex argued the liner conformed to the state of the art and to government standards.
- The trial court instructed the jury with a rebuttable presumption that the bucket was not defective if it complied with state of the art or governmental standards, and the jury returned a verdict assigning all fault to Wade.
- On appeal, Wade challenged both the state-of-the-art and regulatory-compliance instructions as unsupported by evidence; the court agreed and reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| State-of-the-art instruction valid? | Wade: no evidence the liner was state of the art for egress safety. | Terex: liner complied with the generally recognized state of the art for dielectric insulation. | Instruction improper; insufficient state-of-the-art evidence. |
| Regulatory-compliance instruction valid? | Wade: no applicable government standard for interior steps; instruction unsupported. | Terex: ANSI A92.2 compliance triggers presumption under §34-20-5-1(2). | Instruction improper; evidence insufficient to show applicable government standards regarding interior steps. |
Key Cases Cited
- Indianapolis Athletic Club, Inc. v. Alco Standard Corp., 709 N.E.2d 1070 (Ind. Ct. App. 1999) (defines state of the art as best technology reasonably feasible)
- Montgomery Ward & Co. v. Gregg, 554 N.E.2d 1145 (Ind. Ct. App. 1990) (state of the art not mere industry custom)
- Phillips v. Cameron Tool Corp., 950 F.2d 488 (7th Cir. 1991) (embraces technological advancement in state-of-the-art concept)
- Weller v. Mack Trucks, Inc., 570 N.E.2d 1341 (Ind. Ct. App. 1991) (evidence of existing technology and safety records relevant to state of the art)
- Blueflame Gas, Inc. v. Van Hoose, 679 P.2d 579 (Colo. 1984) (compliance with safety regulations is not automatically conclusive of non-defectiveness)