Robert Paul Johnson v. Craig Hunt , 147 F. App'x 814 ( 2005 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF
APPEALS
No. 05-10100 ELEVENTH CIRCUIT
Non-Argument Calendar JULY 25, 2005
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 00-00959-CV-J-20-MCR
ROBERT PAUL JOHNSON, as parent and
natural guardian of Courtney Johnson and
Alisha Johnson, their minor children,
SYLVIA SELENA JOHNSON, his wife, individually,
and as parent and natural guardian of Courtney
Johnson and Alisha Johnson, their minor children,
Plaintiffs-Appellants,
versus
KEOHRING CRANES, INC.,
a Delaware Corporation,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(July 25, 2005)
Before CARNES, MARCUS and COX, Circuit Judges.
PER CURIAM:
Plaintiffs, Robert Paul Johnson, et al., appeal the judgment of the district court,
contending that the district court erred in granting Defendant Koehring Cranes, Inc.’s
motion for summary judgment. More specifically, Plaintiffs contend that the
Defendant is liable for the injuries Johnson sustained in a construction accident
because Koehring’s crane was designed for use with a non-load-bearing safety latch.
We agree with the district court that Plaintiffs have not presented any genuine
issue of material fact as to whether Defendant’s crane had any defect that rendered
it unreasonably dangerous. Having reviewed the record, we agree that no reasonable
jury could find any design defect based on the fact that the spring latch was not load-
bearing. Plaintiff’s strict liability claim against Defendant was therefore properly
dismissed. See Norton v. Snapper Power Equip., 806 F.2d 1545, 1548 (11th Cir.
1987). Because failure to prove any design defect is also fatal to a products liability
negligence claim, we further agree with the district court that Plaintiffs’ negligence
claim also should be dismissed. See Indem. Ins. Co. of N. Am. v. Am. Aviation, Inc.,
344 F.3d 1136, 1146 (11th Cir. 2003); Marzullo v. Crossman Corp., 289 F. Supp. 2d
1337, 1342 (M.D. Fla. 2003). The judgment of the district court is, therefore,
AFFIRMED.
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