Fallon v. Clifford B. Hannay & Son, Inc.

Daniel Fallon (plaintiff) delivered propane gas for Agway Petroleum Corporation. Each gas-delivery truck was equipped with a Hannay Reel, a power reel for winding, unwinding, and storing the hose. While taking the hose from the truck to a residence, Fallon was running, holding the hose as it unrolled from the truck. The hose tangled on the reel, the reel locked, and Fallon fell, seriously injuring his back. Fallon sued the reel’s manufacturer, Clifford B. Hannay & Son, Inc. (Hannay) (defendant) for breach of warranty and strict products liability for design defect and failure to warn. Fallon alleged the reel was defective for not including a guide master, an optional piece of Hannay-sold equipment that Fallon’s employer had purchased for some of its trucks. The guide master, which substantially raised the cost of the reel, directed the hose back and forth to prevent entanglement and reel-locking. Hannay sold the reels with and without the guides since the 1950s. Fallon admitted he knew the reel could lock, but not that it could knock him down. Fallon submitted a conclusory expert affidavit stating the guide was an essential safety item, but the expert lacked specific expertise. Hannay moved for summary judgment. The trial court denied Hannay’s motion, stating that the reel’s safety was a factual question. Hannay appealed.