Luke Boswell appeals from the grant of summary judgment in his tort action against OHD Corporation and Overhead Door Corporation (collectively, “Overhead Door”) for the defective design and manufacture of an overhead door that fell on him. We affirm.
“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” (Citations and punctuation omitted.)
Walker v. Gwinnett Hosp. System,
The relevant facts are undisputed. While Boswell was working at Hartsfield-Jackson International Airport, an overhead door in a bomb detection equipment storage facility fell on him. Boswell recalled that the canister into which the door retracted had a red “Overhead Door” label on it. Boswell sued Overhead Door Corporation, the City of Atlanta,
On appeal, Boswell argues that a question of fact remains concerning the defectiveness of the door that injured him. We disagree.
The sine qua non of a products liability claim, regardless of whether the plaintiff proceeds under a theory of strict liability or negligence, is a defect in the product. See, e.g., OCGA § 51-1-11 (b) (1);
Banks v. ICI Americas,
Overhead Door does not install, maintain, or repair the doors it manufactures. Assuming that Overhead Door manufactured the door that fell on Boswell, that door has never been located, and neither its design nor its specifications has been identified. This means that Boswell cannot show what the door’s design was, whether such design was faulty, whether Overhead Door departed from specifications in the course of manufacturing it, or whether the door was defective when sold. And even if a defect in the door had been shown, Boswell has not presented any evidence that the defect was the proximate cause of his injuries. See
Ogletree VIII,
Nor can a spoliation presumption apply against Overhead Door, since it was the City who disposed of the door. Compare
Baxley v.
Hakiel Indus.,
For all these reasons, the trial court did not err when it granted summary judgment to Overhead Door on Boswell’s strict liability and negligence claims. Similarly, summary judgment was proper on Boswell’s claim against Overhead Door for failure to warn, since that claim was predicated on the allegation that the door was defectively designed and manufactured. See
Miller,
Judgment affirmed.
Notes
According to the City, the door was removed as part of the dismantling of the entire storage facility. In contrast, Boswell claimed that the door was taken down “soon after [he) was hit.”
