General Motors Corp. v. Castaneda , 980 S.W.2d 777 ( 1998 )

OPINION

GREEN, Justice.

In this personal injury and products liability case, General Motors Corporation (GM) and Joe Taylor Stone appeal the trial court’s judgment for Sylvia Castaneda, who was injured in an accident with Stone while driving a car manufactured by GM. Among other issues raised by its six points of error, GM challenges venue and the legal sufficiency of the evidence to support both causation and the jury’s finding of no comparative negligence on the part of Sylvia; Stone also questions venue. Although we find the evidence legally sufficient to support the jury’s verdict, we reverse and remand because venue in Duval County was improper.

Background

On the evening of February 7,1992, Sylvia was involved in an automobile accident with Stone. Sylvia later filed suit against Stone and GM, seeking $10 million in damages. Against Stone, she asserted a negligence claim. She charged GM with designing a defective product — the door latch on the 1984 Buick she drove — and alleged that the ear was not crashworthy as a result of its latch design. She maintained that her injuries from the crash were enhanced when the door latch failed, thereby compromising the car’s structural integrity and causing her severe head injuries. The jury agreed with Sylvia and awarded her the $10 million judgment she sought. It further assigned fault along the following percentages: seventy-five by GM, twenty-five by Stone, and zero by Sylvia.

Legal Sufficiency of the Evidence

We begin our analysis by reviewing the legal sufficiency of the evidence. See Tex.R.App. P. 43.3. GM contends the evidence is insufficient to support the jury’s findings on causation and comparative negligence. To challenge the legal sufficiency of the finding of causation — an adverse finding on an issue on which GM did not have the burden of proof — GM must demonstrate there is no evidence to support that finding. See Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex.1983). In deciding a “no evidence” issue, we consider all of the evidence in the light most favorable to the prevailing party, indulging every reasonable inference in that party’s favor. Formosa Plastics Corp. USA v. Presidio Eng’rs, 960 S.W.2d 41, 48 (Tex.1998); Merrell Dow Pharm,., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex.1997). We must uphold the trial court’s finding if, in our review, we encounter any evidence of probative force to support it. Southern States Transp., Inc. v. State, 774 S.W.2d 639, 640 (Tex.1989).

To successfully attack the legal sufficiency of the jury’s comparative negligence finding — an adverse finding on which GM bore the burden of proof — GM must demonstrate on appeal that the evidence conclusively established all vital facts in support of the issue. See Sterner v. Marathon Oil Co., 767 S.W.2d 686, 690 (Texas 1989). To review this “matter of law” challenge, we use a two-part test: (1) we first examine the entire record for evidence supporting the jury’s finding, while ignoring all contrary evidence; and (2) if we encounter no evidence to support the jury’s answer, we examine the record to inquire whether the contrary proposition is established as a matter of law. Id.

1. Causation

GM argues that judgment should be rendered in its favor because there was no evidence at trial that a defect in the Buick’s door latch caused any injury to Sylvia. In crashworthiness eases, the alleged defect need not be the cause of the collision that precipitated the injury; but the alleged defect must have caused or enhanced the injury. See Turner v. General Motors Corp., 584 S.W.2d 844, 848 (Tex.1979). Citing a myriad of authority from other jurisdictions, GM maintains Sylvia was required to demonstrate causation by “quantifying] with precision the degree of enhancement” by proving (1) a safer alternative design; (2) what injuries, if any, would have resulted had the safer alternative design been used; and (3) to what extent the enhanced injuries were attributable to the defective design.²

The burden of proof is not as onerous as GM contends. In Texas, a plaintiffs evidentiary burden in a crashworthiness case is much the same as its burden in any other strict products liability case. See Turner, 584 S.W.2d at 848. To decide whether a product is defectively designed, the jury balances the utility of the product against the risk associated with its use. American Tobacco Co. v. Grinnell, 951 S.W.2d 420, 432 (Tex.1997); Turner, 584 S.W.2d at 847.³ Factors which the jury may consider in arriving at its decision include the existence of a safer alternative design, the product’s usefulness and desirability, the likelihood and gravity of injury from its use, the ability to eliminate the risk without seriously increasing the product’s usefulness or cost, and the expectations of the ordinary consumer. Boatland of Houston, Inc. v. Bailey, 609 S.W.2d 743, 746 & n. 2 (Tex.1980).

Unlike strict products liability cases where the alleged defect causes the accident underlying the injury, in crashworthiness cases the jury apportions responsibility between all whose action or products combine to cause the entirety of the plaintiffs injuries. Duncan v. Cessna Aircraft Co., 665 S.W.2d 414, 428 (Tex.1984). The defect need only be a producing cause of the injury; if two or more causes produce a single injury, the jury may attribute the injury to any or all of the causes. See id.; see also Shipp v. General Motors Corp., 750 F.2d 418, 425 (5th Cir.1985) (applying Texas law). The burden lies with the defendants to allocate their respective responsibilities. Duncan, 665 S.W.2d at 429. Accordingly, Sylvia could recover all of her damages from either GM or Stone; the paying defendant would then have a right of contribution against the other. See id.

We hold that the record contains more than a scintilla of evidence to support the jury’s finding on causation. Sylvia presented expert testimony that the door latch failed because of its defective design, causing her door to open and compromising the car’s structural integrity. Fred Arndt, an engineering consultant, deduced that the door had opened during the accident based on his observation that the door’s panel measured about fourteen inches longer than the door opening. Furthermore, he reasoned, if the door had remained shut, the force of the load upon impact would have transferred across the door, causing it to buckle or bend. He observed no such buckling. Finally, he concluded that the tire marks made by the truck on the passenger-side car doors most likely occurred when Sylvia’s door opened.

In Arndt’s opinion, the door opened during impact when the force of the collision caused the striker of the latch to rotate outward and break the latch.⁴ The door did not swing wide open during impact but was simply ajar. He further reasoned that had the door remained closed throughout the collision, the force of the impact would have been transmitted across the driver’s side through the door. Because the door opened, the structural integrity of the car was compromised. Arndt said this caused the A pillar, the metal support between the windshield and the driver’s side door, to shift further into the passenger compartment, and Sylvia hit the A pillar with her head.

James Foley and Robert Culver, former GM employees, studied data collected from cases where doors opened during collision. This study focused on the 1980 X-body cars. The 1984 Buick that Sylvia drove was also an X model. Culver described the problem with the latch as “fork bolt detent bypass.” Jack Martens, an automotive engineering consultant, further explained that during an accident like Sylvia’s, the force on the driver’s side door drives the door rearward. At first, the latch resists, but then twists under pressure. This rotational force on the striker distorts the fork bolt in the door latch, permitting a bypass of the detent lever in the latch and creating a gap in the latch jaws just large enough for the striker to escape from the latch, thereby allowing the door to open.

Sylvia further presented evidence that the latch’s failure ultimately led to her serious injuries. Martens testified that Sylvia would have had “adequate protection” from the injuries she sustained had the A pillar not migrated the extent that it did. Anthony Sanees, Jr., a professor of biomechanics and biomedical engineering, examined the impact of the accident on Sylvia.- In his opinion, Sylvia moved forward and to the left inside the passenger compartment upon impact, while the A pillar moved towards Sylvia. Consequently, the left side of Sylvia’s head hit the A pillar. Sanees calculated that the A pillar shifted back into the passenger compartment to a position six to seven inches away from where Sylvia would be in a normally-seated position. He reasoned that if the A pillar had moved back only a few inches, Sylvia would not have hit her head. Fred Arndt concurred with this opinion.

We also note that the jury had before it sufficient evidence for it to balance the product’s utility with its risk and to find the design of the latch defective. James Foley testified that GM first became aware of possible latch failure with the 1978 or 1979 model of the Chevrolet Chevette. Jack Martens testified that in 1986, GM introduced a modified latch, equipped with a support plate that made the latch stronger. Martens recalled that this new latch was first available as a service part in 1988 or 1989. At that time, all unmodified latches were ordered purged from GM’s service parts system; however, none of the models equipped with the old latch design were recalled for installation of the modified latch. Charles Lee, an engineer whose work involved GM latches from 1975 to 1982, testified that the additional cost-per-latch of installing the support plates in older models was approximately twenty-five cents. In Martens’ opinion, if Sylvia’s Buick had been equipped with the modified latch, her door would not have opened and Sylvia would have had better protection in the passenger compartment. In light of all this evidence, we overrule GM’s challenge to the legal sufficiency of the evidence of causation.

2. Comparative Negligence

GM maintains it conclusively proved that Sylvia caused her own injuries and that there is no evidence to support the jury’s finding that Sylvia was not comparatively negligent. GM relies on Arndt’s testimony that Sylvia was speeding at the time of the accident to argue that Sylvia’s injuries were attributable, at least in part, to her negligent operation of the Buick. Arndt estimated that Sylvia was driving between thirty-seven and forty-two miles per hour at the time of impact. The speed limit was 35 miles per hour. Arndt conceded that driving over the speed limit would qualify as failure to exercise ordinary care, and that the severity of a given accident is proportionate to a vehicle’s rate of speed. He was reluctant, however, to conclude that Sylvia’s speeding was a producing cause of her injuries.

Sylvia produced evidence, nevertheless, that she was complying with the speed limit just before the crash. Robert testified that he and Sylvia passed a patrol car as they drove down Staples. He warned Sylvia to slow down to avoid getting a traffic ticket. Robert did not recall Sylvia accelerating before they were hit by Stone.

Although GM elicited evidence that Sylvia may have been speeding at the time of the accident, the jury was also presented with evidence from which it could have reasonably inferred that Sylvia was not speeding. Accordingly, we overrule GM’s contention that Sylvia was conclusively proved to be negligent.

Venue

Having overruled the rendition points of error, we next consider the propriety of venue in Duval County. To answer this question, we look at the entire record, including the actual trial. See Ruiz v. Conoco, 868 S.W.2d 752, 758 (Tex.1993). If we find any probative evidence that GM maintained an agency or had a representative in Duval County, even if the preponderance of the evidence is to the contrary, we must defer to the trial court’s determination that venue was proper in the county of suit. See Ford Motor Co. v. Miles, 967 S.W.2d 377, 380 (Tex.1998). If the record is devoid of any such evidence, we must remand the case to be transferred to a county of proper venue. Id.

The venue facts in this case, which bear a striking resemblance to those in Miles, do not support venue in Duval County. Both Sylvia and Stone were residents of Nueces County, where their accident occurred. The only fact tying venue to Duval County was the existence of a GM dealership, Freer Motor Company, within the county. Sylvia characterized this dealership as GM’s representative for the purposes of the statutory provision governing this dispute. See Tex. Civ. PRAC. & Rem.Code § 15.037 (Vernon 1986), repealed by, Acts 1995, 74th Leg. R.S., ch. 138, § 10,1995 Tex. Gen. Laws 978, 981. Mere evidence that an automobile dealership is located within a particular county is not evidence that that dealership is an agent or representative of the manufacturer whose product it sells. See Miles, 967 S.W.2d at 382. Accordingly, there is no evidence to support the trial court’s conclusion that Freer Motor Company was the agent or representative for GM as contemplated in the former Tex. Civ. PRAc. & Rem.Code § 15.087.

Sylvia argues that GM and Stone waived the venue issue by failing to request a timely hearing on the motions to transfer, and by failing to make certain motions subject to their motions to transfer venue. We disagree. Both GM and Stone timely filed their motions to transfer venue and requested a hearing on the issue. GM and Stone’s answers and subsequent motions stated they were made subject to the venue motion. Although the venue motion was set and reset for a hearing several times, the evidence indicates the parties understood that the proceedings were subject to the pending venue motion.

We sustain the venue challenge. In light of this disposition, we need not consider the remaining points of error addressing factual sufficiency of the evidence.

Conclusion

We overrule the points of error addressing legal sufficiency of the evidence on the issues of causation and comparative negligence. We reverse and remand, however, on the ground that venue was improper in Duval County, and order the trial court to transfer the case to a county of proper venue.

Dissenting opinion by BUTTS, J.

2 . GM also argues that the expert testimony produced by Sylvia to support her defective design claim is "no evidence” for the purpose of our sufficiency review because it was speculative scientific testimony, not supported by the physical evidence. See Merrell Dow Pharm., Inc. v. Havner, 953 S.W.2d at 711. While we agree that unreliable scientific evidence is not evidence, we are precluded from considering this argument because GM did not preserve it for our review. See Maritime Overseas Corp. v. Ellis, 971 S.W.2d 402, 409 (Tex.1998) (holding that a party must object to the evidence before trial or when it is offered).

3 . We note, however, that had Sylvia’s cause of action accrued on or after September 1, 1993, her burden of proof would have more closely resembled GM’s test requiring proof of a safer alternative design. See Tex Civ. Frac. & Rem.Code Ann. § 82.005 (Vernon 1997).

4 . Three components comprise GM’s Type III latch — the type installed in the 1984 Buick: the fork bolt, detent lever, and striker. The striker is the rod anchored to the B pillar — the metal support between the front and rear car doors. The fork bolt is a mouth-shaped piece of metal that fits around the striker. The detent lever engages the fork bolt during the latch's operation. The fork bolt latches in one of two ways: in the primary position, it fully latches; in the secondary, it is latched only in a "safety” position.