Mass. Prop. Ins. Underwriting Ass'n v. LG Elecs. U.S.A., Inc.

902 F.Supp.2d 173

MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION, as Subrogee of William Rheault, Plaintiff,

v.LG ELECTRONICS U.S.A., INC., et al., Defendants.

Civil Action No. 10–12249–JGD.

United States District Court, D. Massachusetts.

Oct. 22, 2012.

Brett R. Corson, Michael P. Guagenty, Sloane & Walsh, Boston, MA, for Plaintiff.

John J. Lang, Lang & Associates, Lynnfield, MA, Scott T. Dickens, Tachau, Maddox, Hovious & Dickens, PLC, Louisville, KY, for Defendants.

MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

DEIN, United States Magistrate Judge.

I. INTRODUCTION

This products liability action arises out of a fire that occurred on October 15, 2008 at the home of William Rheault.¹ The home was insured by the plaintiff, Massachusetts Property Insurance Underwriting Association (“MPIUA”). After MPIUA made payments to Mr. Rheault under the terms of his homeowner's policy, it brought this action, as subrogee of Mr. Rheault, against defendants LG Electronics U.S.A., Inc. (“LG”), General Electric Company (“GE”), and Lowe's Home Centers, Inc. (“Lowe's”), claiming that the fire was caused by a microwave oven that had been designed and manufactured by LG and GE, and had been marketed and sold to the general public by Lowe's. By its complaint, MPIUA asserted claims against LG and GE for negligence, breach of warranties, and violation of Mass. Gen. Laws ch. 93A (“Chapter 93A”), and against Lowe's for breach of warranties and violation of Chapter 93A. However, the plaintiff has since dismissed its claims against Lowe's, leaving only its claims against LG and GE.

The matter is presently before the court on “Defendants, LG Electronics U.S.A., Inc. and General Electric Company's Motion for Summary Judgment and Separate and Final Judgment” (Docket No. 26). By their motion, LG and GE are seeking summary judgment in their favor on all of MPIUA's claims on the grounds that the plaintiff has failed to present sufficient testimony from its expert to establish that there was a defect in the microwave oven or that the defect caused the fire in Mr. Rheault's home. For all the reasons detailed below, this court finds that the plaintiff's evidence is adequate to make the necessary showing. Accordingly, the defendants' motion for summary judgment and for separate and final judgment is DENIED.

II. STATEMENT OF FACTS²

The following facts are undisputed unless otherwise indicated.

On October 15, 2008, a kitchen fire occurred in the Beverly, Massachusetts home of MPIUA's insured, William Rheault. (DF ¶ 1; Pl. Ex. 1). Members of the Beverly Fire Department responded to the scene, extinguished the fire, and conducted an investigation. (PF ¶ 1; Pl. Ex. 1). During the investigation, Deputy Chief Walsh observed that “the lowest fire pattern came from the wall mounted microwave[,]” and that “[o]n the upper left side of the microwave there was a[n] up and out pattern that extended to the upper cabinet and burned into the inside of the cabinet.” (Pl. Ex. 1 at 6). He subsequently reported, based on an examination of the scene by a fire investigator/electrician, that “[t]he most probable cause of ignition was found to be the malfunctioning microwave.” ( Id.).

Following the fire, MPIUA retained Richard J. Splaine, ME, CFI of Splaine Investigations Inc. to conduct an investigation into the origin and cause of the fire. (Pl. Ex. 2). Mr. Splaine examined Mr. Rheault's property and conducted interviews with the homeowner and the Beverly fire investigator. ( Id. at 1). In a letter to the plaintiff dated November 5, 2008, Mr. Splaine opined that the fire had originated “in the kitchen at the location of the microwave oven[,] and that “[t]he ignition source of the fire came from a malfunction within the microwave oven at the top where the fan motor, circuit board and control circuitry is located.” (PF ¶ 3; DF ¶ 6; Pl. Ex. 2 at 1). He further stated that his investigation “eliminated the mechanical and electrical components of the dwelling, including the plug that was used to energize the microwave.” (PF ¶ 4; DF ¶ 6; Pl. Ex. 2 at 2). Mr. Splaine's opinion is the only expert opinion that has been produced by MPIUA in connection with the defendants' motion for summary judgment. ( See DF ¶ 6; PR ¶ 6).

It is undisputed that Mr. Rheault purchased the microwave oven approximately two to three months before the fire, and that he did not alter, repair, or otherwise manipulate the microwave oven after he installed it in his home. (Pl. Ex. 2 at 2; PF ¶ 5). Furthermore, there is no dispute that on the date of the fire, the microwave was in the same condition as it had been in on the date it was purchased. (PF ¶ 5). Mr. Rheault reported that he had used the microwave at lunch time on the day of the fire, and had not noticed any problems. (Pl. Ex. 2 at 2).

III. ANALYSIS

A. Summary Judgment Standard of Review

Summary judgment is appropriate when the moving party shows, based on the discovery and disclosure materials on file, and any affidavits, “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “[A]n issue is ‘genuine’ if it ‘may reasonably be resolved in favor of either party.’ ” Vineberg v. Bissonnette, 548 F.3d 50, 56 (1st Cir.2008) (quoting Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990)). “A fact is material only if it possesses the capacity to sway the outcome of the litigation under the applicable law.” Id. (quotations, punctuation and citations omitted).

The moving party bears the initial burden of establishing that there is no genuine issue of material fact. See Borges ex rel. S.M.B.W. v. Serrano–Isern, 605 F.3d 1, 5 (1st Cir.2010). If that burden is met, the opposing party can avoid summary judgment only by providing properly supported evidence of disputed material facts that would require trial. LeBlanc v. Great Am. Ins. Co., 6 F.3d 836, 841 (1st Cir.1993), cert. denied,511 U.S. 1018, 114 S.Ct. 1398, 128 L.Ed.2d 72 (1994). Accordingly, “the nonmoving party ‘may not rest upon mere allegation or denials of his pleading,’ ” but must set forth specific facts showing that there is a genuine issue for trial. Id. (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986)). The court must view the record in the light most favorable to the non-moving party and indulge all reasonable inferences in that party's favor. See Vineberg, 548 F.3d at 56. “If, after viewing the record in the non-moving party's favor, the Court determines that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law, summary judgment is appropriate.” Walsh v. Town of Lakeville, 431 F.Supp.2d 134, 143 (D.Mass.2006).

B. Sufficiency of MPIUA's Evidence

The defendants argue that they are entitled to summary judgment because MPIUA has failed to produce evidence necessary to prove its claims against them for negligence and breach of warranties. In particular, the defendants argue that the plaintiff has failed to come forward with expert testimony establishing that there was a defect in the microwave oven, or that any such defect caused the fire giving rise to its claims. (Def. Mem. (Docket No. 27) at 4–6). This court finds that MPIUA's reliance on Mr. Splaine's expert opinion is sufficient to make the requisite showing. Therefore, MPIUA has set forth specific facts showing that there is a genuine issue for trial.

Scope of the Plaintiff's Burden

In order to prevail on claims for negligence and breach of warranties in a products liability action, the plaintiff must present evidence showing that there was a defect in the design or manufacture of the product at the time it was sold, and that the defect caused the plaintiff's damages. See Santos v. Sunrise Med., Inc., 351 F.3d 587, 591–92 (1st Cir.2003) (affirming denial of defendant's motion for judgment as a matter of law on plaintiff' s negligence and breach of warranty claims where reasonable jury could have found that the accident was caused by a design defect in a hydraulic lift, and that defect existed at the time it left the manufacturer). Moreover, because “[t]he presence of such a defect cannot be inferred in the absence of expert testimony[,]” it is incumbent upon the plaintiff to present expert testimony identifying the defect and linking that defect to the alleged harm. Enrich v. Windmere Corp., 416 Mass. 83, 87, 616 N.E.2d 1081, 1084 (1993). See also Goffredo v. Mercedes–Benz Truck Co., Inc., 402 Mass. 97, 104, 520 N.E.2d 1315, 1319 (1988) (finding that the “nature of the alleged design defect and the causal relation between the defect and the plaintiff's accident were appropriately the subject of expert testimony”). In the instant case, it is undisputed that at the time of the fire, the microwave oven was in the same condition as it had been in at the time it was sold to Mr. Rheault. (PF ¶ 5). Furthermore, MPIUA has presented Mr. Splaine's expert opinion that the cause of the fire was “a malfunction within the microwave oven at the top where the fan motor, circuit board and control circuitry is located” to show that there was a defect in the microwave which caused the fire and resulted in the plaintiff's loss. (PF ¶ 3; DF ¶ 6).

The defendants contend that Mr. Splaine's opinion is insufficient to satisfy the plaintiff's burden of proof because it does not “specify[ ] a defect which existed at the time of the microwave's sale and the manner in which any such defect caused the fire.” (Def. Mem. at 6). This court disagrees. As illustrated by the decision of the Massachusetts Appeals Court in Collins v. Sears, Roebuck & Co., 31 Mass.App.Ct. 961, 583 N.E.2d 873 (1992), a case involving facts that are strikingly similar to those presented in this case, Mr. Splaine's opinion is adequate to satisfy the plaintiff's evidentiary burden under Massachusetts law.

In Collins, the purchasers of an electric dryer...