Blaniar v. Southwestern Energy Company et al

Filing 166

MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT: 136 defendant Campbell Fittings, Inc.s Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART, and 138 defendant The Gorman-Rupp Companys Motion for Summary Judgment is DENIED. Signed by District Judge John Preston Bailey on 1/7/2022. (nmm)

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 1 of 12 PageID #: 2574

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
Wheeling
JEFFREY BLANIAR,
Plaintiff,
v.

CIVIL ACTION NO. 5:20-CV-169
Judge Bailey

SOUTHWESTERN ENERGY COMPANY
et aI.,
Defendants.
MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT
Pending before this Court are two motions—defendant Campbell Fittings, Inc.’s Motion
forSummaryJudgment[Doc. 136] and accompanying Memorandum of Law[Doc. 137], and
defendant The Gorman-Rupp Company’s Motion for Summary Judgment [Doc. 138] and
accompanying Memorandum of Law [Doc. 139]. Hearing no response in opposition within
the time-frame prescribed by this Court’s Local Rules, this Court entered an Order Instructing
Responsive Briefing [Doc. 152] on December 1, 2021, instructing plaintiff to file responsive
briefing within fourteen (14) days of the entry of the Order. Moreover, defendants were
instructed to file reply briefs within fourteen (14) days of the filing of plaintiff’s responsive
briefing. [Id.].
In contravention of the aforementioned deadline imposition, the parties filed a
Stipulation Extending Response and Reply Brief Deadlines for Pending Motions forSummary
Judgment [Doc. 156] and a Stipulation Extending Reply Deadline [Doc. 165], which purported
to extend briefing deadlines into January 2022. On December 28, 2021, plaintiff filed
I

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 2 of 12 PageID #: 2575

responses and memoranda in opposition to defendants’ Motions. See [Docs. 160, 161, 162
& 163].

Based on the deadlines imposed by this Court, this matter is now ripe for

adjudication.
BACKGROUND
On or about July 7, 2018, plaintiff allegedly suffered injuries while working as an
employee of defendant Southwestern Energy Company (“defendant SWN”). Plaintiff filed his
original complaint on or about June 15, 2020, in the Circuit Court of Wetzel County, West
Virginia.
Subsequently, plaintiff filed an amended complaint on or about July 7, 2020, alleging
additional causes of action. More specifically, the operative complaint added new claims
against defendant SWN and related companies. The operative complaint alleges that a pump
on a SWN location was started in preparation of a pump down to begin drilling operations,
and that both the intake and discharge valves were closed as this operation commenced.
See [Doc. 1-1]. Approximately one half-hour after the pump was started, a decision was
made to shut off the pump. [Id.]. Plaintiff contends that the pump was not turned off at that
time. [Id.]. Moreover, plaintiff asserts that he checked with his supervisorand proceeded to
shut down the pump, at which time it exploded, causing the hose on the suction side of the
pump to disconnect, resulting in serious injuries. [Id.].
Further, plaintiff alleges that at the time of the incident, he was an employee of
defendant SWN and asserted a cause of action for deliberate intent against it and its related

2

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 3 of 12 PageID #: 2576

companies. [Id. at count I]. Plaintiff also asserted a negligence cause of action against
defendant SWN, its related entities, and Daniel and Rhonda During. [Id. at count 111.1
Additionally, plaintiff alleges strict product liability against defendants Gorman-Rupp
Company (“defendant GRC”), JGB Enterprises, Inc. (“defendant JGB”), and Campbell Fittings,
Inc. (“defendant Campbell”). [Id. atcount III]. Next, plaintiff alleges thatdefendant GRC was
negligent, and strictly liable, as the designer and manufacturer of the pump involved in the
incident forming the basis of his complaint. [Id. at counts IV and VI. Plaintiff further asserts
a cause of action for breach of warranty against defendant GRC arising from its alleged
manufacturing of the pump involved in the underlying incident. [Id. at count VI]. Finally, plaintiff
contends that the hose involved in the underlying incidentwas manufactured by defendant
JGB, and that the hose accessories were manufactured by defendant Campbell. [Id. at counts
VlI-XII].
This matterwas timely removed to this Court based on diversity jurisdiction. [Doc. 1].
On June 25, 2021, plaintiff filed an amended complaint [Doc. 75], asserting new claims
against Producers Supply as a potentially responsible party for the underlying incident.2 This
amended complaint did not add any new factual allegations or causes of action against
defendants Campbell or CRC. This Court will address the merits of the arguments asserted
by the parties in turn below.

1The Durigs and various corporate entities were dismissed from this action via prior
Order of this Court.
2Producers Supply was dismissed from this action via prior Order of this Court.
3

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 4 of 12 PageID #: 2577

LEGAL STANDARD
Federal Rule of Civil Procedure 56 provides that summary judgment is appropriate “if
the pleadings, depositions, answers to interrogatories, and admissions on file, togetherwith
the affidavits, if any, show that there is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of law.” The party seeking summary
judgment bears the initial burden of showing the absence of any genuine issues of material
fact. See Celotex Corp. v. Catrett, 477 U.S. 317,322—23(1986). If the moving party meets
this burden, the nonmoving party “may not rest upon the mere allegations or denials of its
pleading, but must set forth specific facts showing there is a genuine issue for trial.”
Anderson v. Liberty Lobby, Inc., 477 U.S. 242,248(1986). A genuine issue exists “if the
evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.
“The inquiry performed is the threshold inquiry of determining whether there is the need fora
trial—whether, in other words, there are any genuine factual issues that properly can be
resolved only by a finder of fact because they may reasonably be resolved in favor of either
party.” Id. at250.
In reviewing the supported underlying facts, all inferences must be viewed in the light
most favorable to the party opposing the motion. See Matsushita Elec. Indus. Co. v. Zenith
Radio Corp., 475 U.S. 574,587(1986). Additionally, the party opposing summary judgment
“must do more than simply show that there is some metaphysical doubt as to the material
facts.” Id. at 586. That is, once the movant has met its burden to show absence of material
fact, the party opposing summary judgment must then come forward with affidavits or other
evidence demonstrating there is indeed a genuine issue for trial. Fed. R. Civ. P. 56(c);
4

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 5 of 12 PageID #: 2578

Celotex Corp., 477 U.S. at 323—25; Anderson, 477 U.S. at 248. “If the evidence is merely
colorable, or is notsignificantly probative, summary judgment may be granted.” Anderson,
477 U.S. at 249 (citations omitted). Although all justifiable inferences are to be drawn in favor
of the non-movant, the non-moving party “cannot create a genuine issue of material fact
through mere speculation of the building of one inference upon another.” Beale v. Hardy, 769
F.2d 213,214(4th Cir. 1985). Further, “the plain language of Rule 56(c) mandates the entry
of summary judgment.. against a party who fails to make a showing sufficient to establish
.

the existence of an element essential to that party’s case, and on which that party will bearthe
burden of proof at trial.” Celotex Corp., 477 U.S. at 322.
DISCUSSION
I.

Applicable Law
In West Virginia, product liability may be based on negligence, strict liability, or breach

of warranty. Syl. Pt. 6, llosky v. Michelin Tire Corp., 172 W.Va. 435, 307 S.E.2d 603
(1983). These theories were further informed by the Supreme Court of Appeals of West
Virginia in Morningstar V. Black & DeckerManufacturing Co., 162 W.Va. 857,253 S.E.2d
666 (1979). Therein, the MorningstarCourt held that (1) a product is defective unless it is
“reasonably safe” for its “intended use”; (2) there are three types of defects in product liability
law—design, manufacture, and use; and (3) a case of action is recognized in product liability
cases. See generally, id.
The test for establishing strict liability in tort is “whether the involved product is defective
in the sense that it is not reasonably safe for its intended use. The standard is not determined
by the particular manufacturer, but by what a reasonably prudent manufacturer’s standards
5

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 6 of 12 PageID #: 2579

should have been at the time the product was made.” Estep v. Mike FerreliFordLincoin
Mercury, Inc., 223 W.Va. 209, 213, 672 S.E.2d 345, 349 (2008) (citing Syl. Pt. 4,
Morningstarat 857, 253 S.E.2d at 666)).
A superceding cause is “an act of a third person or other force which by its intervention
prevents the actorfrom being liable for harm to anotherwhich his antecedent negligence is
a substantial factor in bringing about.” Adams v. Parsons, 2011 WL 1464856, at n.7 (S.D.
W.Va. Apr. 15, 2011) (quoting Restatement (Second) of Torts § 440 (1965)). To constitute
a superseding cause, the intervening act “must be a negligent act which constitutes a new
effective cause and operates independently of any other act, making it and it only, the
proximate cause of the injury.” Sheetz, Inc. v. Bowles Rice McDavid Graff& Love, PLLC,
209 W.Va. 318, 332, 547 S.E.2d 256, 270 (2001) (internal citations omitted).
II.

Defendant Campbell’s Motion for Summary Judgment and Memorandum in
Support
Defendant Campbell asserts it is entitled to summary judgment on plaintiff’s product

liability claims. [Doc. 137 at5]. Defendant Campbell offers three arguments in support. First,
it contends that the acts of a third party—in this instance, defendant SWN—were negligent and
constituted a superceding cause to the incident as a matter of law. [Id.]. More specifically,
defendant Campbell argues that by allowing an unsafe and hazardous amount of pressure to
build in the pump (an occurrence referred to as “deadheading”), defendant SWN acted
negligently; defendant Campbell contends that this negligence caused the hose assembly it
manufactured to be exposed to a “significantly greater pressure” than its intended use, thereby
defeating plaintiff’s claim against it. [Id. at 5—6].

6

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 7 of 12 PageID #: 2580

Next, defendant argues plaintiff’s claim for products liability brought underatheory of
strict liability fails as a matter of law because the hose did not fail and was safe for its intended
use. [Id. at6].
Finally, defendant Campbell asserts plaintiff’s products liability claim brought under a
breach of warranty theory fails as a matter of law because the hose assembly at issue was
created with another company’s fitting product thereby breaching the applicable warranty. [Id.].
In his Brief in Opposition [Doc. 1611, plaintiff argues first that there is a genuine issue
of material fact as to whether defendant SWN’s alleged negligence concerning the deadhead
was a superseding cause of plaintiff’s injuries. [Doc. 161 at 5]. Next, plaintiff asserts that
there is a factual dispute as to whether defendant Campbell’s fitting was being used as
intended andwhetheritfailed. [Id. at7]. Notably, plaintiff does notofferargumentagainst
defendant Campbell’s assertion that the subject warranty was breached and thereby
inapplicable at the time of the underlying incident. See [id.].
A.

Superceding Cause

Several witnesses, including plaintiff himself, have testified that allowing the pump at
issue to “deadhead” was not intended, and that allowing a machine to operate in an
unintended condition could be considered negligent. [Doc. 137 at 5]. As stated previously,
defendant Campbell contends this negligence by defendant SWN constitutes a superseding
act thereby defeating plaintiff’s products liability claim premised on negligence. [Id. at 6].
However, based on a review of the extensive and competing testimony concerning this
allegedly superceding negligence, this Court is disinclined to grant defendant Campbell’s
request in this regard. As identified by plaintiff, defendant SWN has presented evidence and
7

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 8 of 12 PageID #: 2581

testimonyto support its position that itwas not negligent at all. [Doc. 161 at 6]. As identified
by plaintiff, whether the negligence of two or more persons proximately caused or contributed
to the injury of another person is a question of fact for ajuryto determine. Evans v. Farmer
148 W.Va. 142, 155, 133 S.E.2d 710, 717—18 (1963). Moreover, plaintiff notes that the
Supreme Court of Appeals of West Virginia has consistently held that determining an
intervening cause within the proximate cause analysis is ataskforajury unless the facts and
inferences are clear as a matter of law. Harbaugh v. Coffinbarger, 209 W.Va. 57,65,543
S.E.2d 338, 346 (2000) (citing Evans at 143, 133 S.E.2d at 711).
Here, the record before this Court leads to inherently conflicting inferences concerning
the underlying incident. As such, and in viewing these inferences in the light most favorable
to plaintiff, this court declines to grant summaryjudgment to defendant Campbell based on this
argument.
B.

Strict Liability, Safety for Intended Use, and Failure

Defendant Campbell asserts that testimony in this case indicates the intended use of
the hose assembly at issue was to withstand a maximum pressure often pounds per square
inch. [Doc. 137 at 6]. Further, defendant Campbell alleges that the testimony offered by
various witnesses that the occurrence of steam within the subject hose assembly is indicative
that the pressure exerted with the hose assembly “was much greater than the intended use (10
pounds per square inch). [Id .1. Base on this testimony, defendant Campbell contends that the
subject hose assemblywas exposed to conditions outside the parameters of its intended use.
As such, defendant Campbell concludes that the product did not fail, thereby defeating
plaintiff’s claim based on strict liability. This Court disagrees.
8

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 9 of 12 PageID #: 2582

As identified by plaintiff, defendant Campbell’s sole argument that the fitting was not
being used as intended is based on testimony that steam was present. [Doc. 161 at 7].
Based on the presence of steam, defendant Campbell then concludes that the pressure
exerted was higher than ten pounds per square inch. However, nothing in the record
evidences that any pressure measurements were taken at the pump at the time of the hose
failures. [Id .1. The existence of steam, while potentially related to the pressures exerted on the
hose assembly is certainly probative, but not necessarily dispositive.
In fact, the deposition testimony of Chris Killough, defendant SWN’s senior supervisor,
revealed that the subject hose assembly was connected to the suction side of the pump likely
resulting in a negative pressure situation rather than pressure measuring ten pounds per
square inch. [Doc. 161-2 at 86]. Given this conflicting evidence, this Court declines to grant

summary judgment based on this argument.
C.

Breach of Warranty

Finally, defendant Campbell submits that it is entitled to summaryjudgment on plaintiff’s
products liability claim based on a theory of breach of warranty. In support thereof, defendant
Campbell submitted its Warranty and Guarantee of Quality [Doc. 137-1], and asserts that
because the subject fitting was created with a non-Campbell fitting product, the warranty was
breached at the time of the underlying incident. [Doc. 137 at 6].
Plaintiff does not address this argument concerning breach of warranty in his
responsive briefing at all. Accordingly, this Court will grant summary judgment to defendant
Campbell concerning plaintiff’s products liability claim premised on a breach of warranty
theory.
9

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 10 of 12 PageID #: 2583

III.

Defendant GRC’s Motion forSummaryJudgment and Memorandum in Support
As identified by plaintiff, there were two primary pieces of equipment involved in this

incident—the aforementioned boost pump and hose assembly. The boost pump was sold to
defendant SWN by Bartholow Rental Company a/k/a Barco Pump. One of the major
components contained within the Barco pump was another pumping apparatus, PAH Series
boost pump model PAH8A6O, manufactured and sold by defendant GRC. See [Doc. 160-1
at

¶ 10].

Plaintiff contends that when the pump was sold to defendant SWN, defendant GRC

provided poor and inadequate warnings in the pump’s maintenance manual. [Doc. 160 at 3].
In support of its Motion for Summary Judgment, defendant GRC argues that plaintiff has
failed to establish that it is strictly liable for designing or manufacturing a defective or
dangerous product, or that it committed any negligent act or breached anywarrant. [Doc. 139
at 9]. In viewing the facts and inferences contained in the record in a light mostfavorableto
plaintiff, this Court disagrees.
Plaintiff’s claims center on the proferred expert opinions of engineer Mark Sokalski.
See [Doc. 160-7]. In sum, Mr. Sokalski opined that defendant GRC (1) provided a poor and
insufficient warning in the pump’s manual; and (2) failed to provide a warning label on the
pump stating that the suction valve must always be open during pump operations.
Specifically, Mr. Sokalski noted that:
Gorman-Rupp Co. provided a poor and insufficient warning (page A -2;first
warning) in their PAH series “Installation, Operation, and Maintenance Manual”.
Additionally, Gorman-Rupp Co. failed to provide a clear and proper
precautionarywarning label (“Danger”) on the Barco pump rental unit, not as a
10

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 11 of 12 PageID #: 2584

warning against operating the pump at deadhead conditions (closed discharge
valve), but to provide a “Danger”precautionary warning stating that the suction
valve must always be open during any pump operation. The “Danger”
precautionarywarning should state: “Excessive pressure will occur during pump
operation if the pump’s suction and discharge valves are both closed”.
[Id. at 40]. Defendant GRC offers several challenges to Mr. Sokalski’s opinions. First, it
argues that its safety handbook cautions against operating the pump “against a closed valve”
as Mr. Sokalski’s report requires. However, plaintiff argues this warning conflicts with the
pump manual, which states that momentary closures of the valve are acceptable when
required for startup and shutdown procedures. [Doc. 160 at 5]. Based on this purported
inconsistency, plaintiff contends that a reasonable juror may find the warnings to be defective.
[Id.].
Next, defendant GRC argues that it was unnecessary to warn against operating the
pump when both the suction and discharge valves were closed; further, it contends that if a
user, like plaintiff, had followed the manual to not operate the pump with a closed discharge
valve, it would be irrelevant if the suction valve were open. Conversely, plaintiff asserts that
the warning manual is insufficient to warn users in various scenarios of the possible harm
associated with continued use of the pump. [Id. at 5—6].
Finally, defendant GRC asserts that plaintiff cannot establish that the allegedly
defective warning was the proximate cause of plaintiff’s injuries. See [Doc. 139 at 12—13].
Defendant GRC argues that plaintiff and defendant SWN employees knew or should have
known not to operate the subject pump when it was deadheaded. [Id.]. However, plaintiff
11

Case 5:20-cv-00169-JPB Document 166 Filed 01/07/22 Page 12 of 12 PageID #: 2585

counters that he had never been designated as a pump operator and had no reason to know
of any warnings, instruction manuals, or exclusion zones specific to the boost pump. [Doc. 160
at 6—7]. Based on this lack of knowledge, plaintiff asserts that the heightened warnings
proposed by Mr. Sokaiski could have alerted him to the danger posed in attempting to shut
down the boost pump. [Id.].
Defendant CRC’s arguments with the evidence presented by Mr. Sokalski may indeed
prove to be valid, but this Court cannot resolve factual disputes amongst the parties at this
stage of litigation when all factual inferences must be viewed in plaintiff’s favor.
CONCLUSION
For the reasons contained herein, defendant Campbell Fittings, Inc.’s Motion for
Summary Judgment [Doc. 136] is GRANTED IN PART AND DENIED IN PART, and
defendant The Gorman-Rupp Company’s Motion for Summary Judgment [Doc. 138] is
DENIED.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record herein.
DATED: january

7.,

2022.

JOHN PRESTON BAILEY
UNITED STATES DISTRICT JUDGE

12