Dean and Sue Miller brought this tort action against Ford Motor Company and James Ernest Banks following an automobile collision. The Millers alleged that Ford negligently manufactured and assembled the seat belt and side air bag on the front passenger side of their Lincoln Town Car and failed to warn them of these defects. 1 The trial court granted summary judgment to Ford on the ground that the *643 Millers had. failed to present any evidence that the seat belt and side air bag contained a manufacturing defect. For the reasons discussed below, we affirm.
1. The Millers contend that the trial court erred in granting summary judgment to Ford on their tort claims.
To prevail at summary judgment under OCGA§ 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 (c). ... A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e).
Lau’s Corp. v. Haskins,
So viewed, the record reflects that in August 2001, the Millers purchased a used 1999 Lincoln Town Car with 31,249 miles on it (the “vehicle”). On the morning of May 17,2002, a collision occurred as Mr. Miller was driving the vehicle while his wife rode in the front passenger seat. The Millers were traveling southbound on a multilane road in Savannah. Both were wearing their seat belts. As Mr. Miller attempted to turn left at an intersection, he collided with a northbound vehicle driven by Banks. Both front air bags on the Millers’ vehicle deployed. According to the Millers, however, Mrs. Miller’s seat belt did not lock and the side air bag located at the passenger door did not deploy, causing extensive injury to Mrs. Miller as she was thrown against the windshield due to the impact. At the time of the collision, the vehicle had approximately 50,000 miles on it.
The Millers commenced the instant lawsuit against Ford and Banks. Their complaint asserted claims against Ford for negligent manufacture and assembly of the seat belt and side air bag, and for failure to warn them of these alleged manufacturing defects. Additionally, Mr. Miller asserted a derivative claim for loss of consortium. Ford moved for summary judgment, contending that the Millers had *644 failed to come forward with any evidence of an original defect at the time of manufacture, negligence by Ford, or proximate causation. The Millers responded to the motion by filing affidavits stating that Mrs. Miller’s seat belt did not lock and her side air bag did not deploy at the time of impact, and that they had made no alterations to the vehicle. The Millers also presented evidence of two product recalls issued by Ford which they alleged pertained to the passenger side seat belt assembly. After reviewing this record evidence, the trial court granted Ford’s motion, resulting in this appeal.
We conclude that the trial court committed no error in granting summary judgment to Ford. In order to establish a negligent manufacturing claim, the plaintiff must come forward with evidence that, among other things, there was a defect in the product when it left the manufacturer that was caused by the manufacturer’s negligence. See
Owens v. Gen. Motors Corp.,
Specifically, the Millers failed to come forward with evidence sufficient to show that there was an original manufacturing defect in the seat belt and side air bag at the time their vehicle left Ford. They offered no evidence of the used vehicle’s condition prior to their purchase in 2001, including any prior repairs, accidents, or alterations. Nor did they present any expert testimony on the issue of defect. Rather, the Millers relied upon their own allegations that the seat belt did not lock and the side air bag did not deploy at the time of the collision, approximately three years after its manufacture and after the vehicle had been driven approximately 50,000 miles. But, the mere failure of automobile equipment is not “itself evidence of an original defect,” since the failure can be the result of myriad causes not related to its manufacture.
Jenkins,
The Millers also relied upon two Ford product recalls relating to front seat belt assemblies in an effort to show that the seat belt in their vehicle contained an original manufacturing defect. A product recall can serve as circumstantial evidence of an original defect, however, only when “there is first introduced some independent proof that the particular product in question suffered from the same defect.”
Rose v. Figgie Intl.,
In opposing summary judgment, the Millers also relied upon the doctrine of res ipsa loquitur, contending that it could be presumed that the seat belt and side air bag were defective as a result of Ford’s negligence. But, that “doctrine does not apply to mechanical devices because they get out of working order, and sometimes become dangerous and cause injury without negligence on the part of anyone.” (Citation and punctuation omitted.)
Millar Elevator Svc. Co. v. O’Shields,
For these reasons, we conclude that the Millers failed to point to specific evidence giving rise to a triable issue over whether the seat belt and side air bag contained an original manufacturing defect. See
Jenkins,
2. In a separate enumeration of error, the Millers claim that the trial court erred in considering expert affi davits submitted by Ford in support of its motion for summary judgment. However, “a grant of summary judgment will be affirmed if it is right for any reason.” (Citation omitted.)
Brookview Holdings v. Suarez,
Judgment affirmed.
Notes
The Millers also asserted a claim for breach of warranty, but they do not challenge the grant of summary judgment on that claim.
