United States District Court, S.D. Indiana, Indianapolis Division
ORDER
Hon.
Jane Magnus-Stinson, Chief Judge
On
November 10, 2017, Plaintiff Nickolas Seekins filed a
Complaint against Dolgencorp, LLC d/b/a Dollar General
(“Dollar General”) in Marion Superior Court
related to injuries he sustained while operating an allegedly
defective double pallet jack (the “SJ4”) at the
Dollar General Distribution Center in Marion, Indiana as part
of his duties as an employee of LMS Intellibound, LLC d/b/a
Capstone Logistics (“Capstone”). [Filing No. 1-1
at 6.] On November 29, 2017, Dollar General removed the case
to this Court pursuant to 28 U.S.C. §§ 1332, 1441,
and 1446. [Filing No. 1 at 1-2.]
Between
the time of the incident and the commencement of this action,
Dollar General replaced a part of the SJ4-the control handle.
Mr. Seekins has filed a Motion for Finding of Spoliation of
Evidence and Request for Sanctions (“Motion for
Sanctions”), [Filing No. 44], arguing that Dollar
General intentionally destroyed or concealed the machine part
to prevent Mr. Seekins from testing the handle. That motion
is ripe for the Court's decision.
Also
before the Court is Dollar General's Motion for Summary
Judgment, [Filing No. 51], in which Dollar General argues
that it is entitled to judgment in its favor on Mr.
Seekins' negligence claim against it. In his response to
Dollar General's Motion for Summary Judgment, Mr. Seekins
filed a Cross-Motion for Partial Summary Judgment related to
the issue of whether Dollar General owed a duty to Mr.
Seekins. [Filing No. 59.] The parties have filed briefs in
support and in opposition to these motions, and both motions
are ripe for the Court's decision.
For the
reasons outlined below, the Court DENIES Mr. Seekins'
Motion for Sanctions, GRANTS Mr. Seekins' Cross-Motion
for Partial Summary Judgment, and GRANTS Dollar General's
Motion for Summary Judgment.
I.
Factual
Background
The
following factual background is set forth pursuant to the
standards outlined in Federal Rule of Civil Procedure 56,
detailed in Section III below. See Fed.R.Civ.P. 56(a). The
facts stated are not necessarily objectively true, but as the
summary judgment standard requires, the undisputed facts and
the disputed evidence are presented in the light most
favorable to “the party against whom the motion under
consideration is made.” Premcor USA, Inc. v.
American Home Assurance Co., 400 F.3d 523, 526-27 (7th
Cir. 2005). The facts set forth below also apply to the
Court's consideration of the issue of spoliation raised
in Mr. Seekins' Motion for Sanctions.
1.
Dollar General's Equipment Maintenance Procedures
Dollar
General owns and stores certain equipment inside the Dollar
General Distribution Center in Marion, Indiana, including the
SJ4. [Filing No. 52-3 at 2.] Many of the functions of the
Distribution Center were performed by Capstone employees,
such as Mr. Seekins. Capstone employees regularly used the
SJ4. [Filing No. 52-3 at 2.] Equipment stored at the
Distribution Center is subject to routine preventative
maintenance checks at regular intervals occurring
approximately four times per year. [Filing No. 52-3 at 2.]
During a preventative maintenance check, Dollar General's
mechanics inspect the machines to confirm that the equipment
is working in accordance with the manufacturer
specifications. [Filing No. 52-3 at 3.] The mechanics go
through a list of parts and functions they must check during
preventative maintenance, including testing the brakes and
the brake allowance to see how far the machine will continue
to move after the stopping function is triggered while
traveling at full speed. [Filing No. 52-4 at 20-21.] At the
end of the preventative maintenance check, the mechanic
conducts a test ride on the machine, lasting approximately
fifteen minutes, which allows the mechanic to test the
machine twice in that time period. [Filing No. 52-4 at
22-23.]
In
addition to the preventative maintenance described above,
Dollar General's equipment undergoes other maintenance as
needed, such as when an equipment operator reports that there
is a problem with a machine. [Filing No. 52-3 at 2.] If an
operator using a piece of equipment experiences a problem
with a machine, or if a maintenance employee observes a
problem with a machine, they are to report the problem and
take the machine immediately and directly to Dollar
General's Maintenance Department. [Filing No. 52-3 at 2;
Filing No. 52-4 at 19-20.] A “Red Tag” form-which
includes the operator's name, date, equipment name, and
the alleged problem-is completed and stuck to the piece of
equipment using a magnetic clipboard. [Filing No. 52-3 at 2;
Filing No. 52-4 at 6-8.] The mechanic in the Maintenance
Department inspects the machine and completes his or her
portion of the Red Tag form, including his or her name,
employee identification number, and the problem and/or
remedy. [Filing No. 52-3 at 3.] The Red Tag is only removed
upon the Maintenance Department's confirmation that the
problem with the machine has been fixed and that the piece of
equipment is working in accordance with the
manufacturer's specifications. [Filing No. 52-3 at 3.]
When the Red Tag is removed, the machine is returned to the
floor to be operated again. [Filing No. 52-3 at 3.] The
Maintenance Department does not return the equipment to the
floor until this procedure outlined above is completed.
[Filing No. 52-3 at 3.] Dollar General depends on the
operators and maintenance employees to discover any problems
with the equipment during the preventative maintenance checks
or during use of the machines; otherwise, there is no way for
Dollar General to become aware of any problems. [Filing No.
52-3 at 2; Filing No. 52-4 at 19-20.]
2.
Maintenance of the SJ4 Prior to Mr. Seekins' Injury
The
Dollar General Maintenance Department conducted preventative
maintenance on the SJ4 on March 21, 2017 and March 22, 2017,
and the next preventative maintenance check was scheduled for
approximately June 18, 2017. [Filing No. 52-3 at 3; Filing
No. 52-3 at 7.]
Other
maintenance work was performed on the SJ4 on the following
dates in 2017: March 22, April 1, April 26, April 28, and,
May 1. [Filing No. 52-3 at 3-4.] The work performed included:
adjusting castors, welding the load rest, replacing the
battery, stoning the commutator, repairing wires, cleaning
and adjusting the brakes, and, replacing battery wires.
[Filing No. 52-3 at 3-4.] After each occasion of maintenance
work, Dollar General's Maintenance Department ensured
that the machine was working in accordance with manufacturer
specifications before it was returned to the floor. [Filing
No. 52-3 at 3-4.] These types of repairs and maintenance
work- and the frequency with which they are performed-are
typical for Dollar General's Maintenance Department.
[Filing No. 52-3 at 4.]
Prior
to Mr. Seekins' injury on May 16, 2017, Dollar
General's Maintenance Department last performed
maintenance work on the SJ4 on May 1, 2017. [Filing No. 52-3
at 4; Filing No. 52-3 at 9.] At the time, the mechanic did
not observe any problems with the machine's braking,
plugging, or other stopping methods. [Filing No. 52-3 at 4.]
The SJ4 was returned to the floor once the Maintenance
Department confirmed that the machine was working within the
manufacturer specifications. [Filing No. 52-3 at 4.] No.
problems with the SJ4 were reported or observed between May
1, 2017 and May 16, 2017, the date of Mr. Seekins'
injury. [Filing No. 52-3 at 4.]
Dollar
General purchased the SJ4 in 2006 when the warehouse opened.
[Filing No. 60-1 at 6-7.] A machine of the same make and
model, the SJ3, was purchased at the same time. [Filing No.
60-2 at 7.] At the time of Mr. Seekins' injury, the SJ3
had been retired from service, with the usable parts removed
and retained by the Maintenance Department and the rest of
the machine discarded in the dumpster. [Filing No. 60-2 at
45.]
3. Mr.
Seekins' Injury
On May
16, 2017, while in the course and scope of his employment
with Capstone, Mr. Seekins was injured while operating the
SJ4, which was provided by Dollar General at the Dollar
General Distribution Center located in Marion, Indiana.
[Filing No. 44 at 1.] Before using the SJ4, Mr. Seekins
conducted a twelve-point inspection of the machine, and he
did not discover any problems with it. [Filing No. 52 at 7;
Filing No. 52-6 at 30-32.] Mr. Seekins operated the SJ4 for
two hours without incident. [Filing No. 52-6 at 7.] However,
at one point, Mr. Seekins thought he felt the machine jerk
when he hit the brakes. [Filing No. 52-6 at 14.] After he
perceived the jerk, the machine worked fine and there was no
indication that there was a problem with the SJ4. [Filing No.
52-6 at 14.] Mr. Seekins did not report this alleged issue to
Dollar General's Maintenance Department, and he continued
to operate the SJ4. [Filing No. 52-6 at 13-14.] Mr. Seekins
then rode the SJ4 through the bays of the Distribution Center
toward the office to drop off paperwork. [Filing No. 52-6 at
11.] Mr. Seekins was traveling at full speed as he approached
an aisle where he turned left. [Filing No. 52-6 at 15.] Mr.
Seekins saw a forklift parked at the end of the aisle and he
“went to hit the brakes, ” but the machine
“wasn't responding” and failed to slow down.
[Filing No. 52-6 at 15; Filing No. 52-6 at 17-18.] He used
the emergency brake, but “that didn't stop [the
machine] quick enough.” [Filing No. 52-6 at 20.] As the
SJ4 continued toward the parked forklift, Mr. Seekins decided
to jump backwards off the machine, and his left foot became
pinned between the SJ4 and the parked forklift, ultimately
resulting in the amputation of his foot. [Filing No. 52-6 at
21-22; Filing No. 52-6 at 24.] According to Mr. Seekins, the
SJ4 malfunctioned and Mr. Seekins could not bring the machine
to a stop. [Filing No. 44 at 1.]
4.
Events After Mr. Seekins' Injury
Immediately
after the incident occurred, the SJ4 was taken to Dollar
General's Maintenance Department and multiple mechanics
examined the machine, but they did not find any problems with
it. [Filing No. 54 at 1; Filing No. 54-1 at 17-19; Filing No.
54-1 at 30; Filing No. 54-1 at 61.] One mechanic, Jerry
Williams, found that the “plugging”-the function
that reverses the motor to slow the machine down to a
stop-did not work intermittently (i.e., one out of about
twenty tries), so he checked the potentiometer, which
controls the plugging function. [Filing No. 54-1 at 21-22.]
However, upon inspection of the potentiometer, Mr. Williams
found that it “was right on the target.” [Filing
No. 54-1 at 23.]
The
Maintenance Department contacted Rod Disbro of Associated
Integrated Supply Chain Services to examine the machine and
double check the Maintenance Department's conclusion that
there were no problems with the SJ4. [Filing No. 54-1 at 30;
Filing No. 54-1 at 61.] On May 22, 2017, Mr. Disbro inspected
the SJ4, test driving it for forty-five minutes. [Filing No.
54-1 at 71.] Mr. Disbro found nothing wrong with the SJ4,
noting that he “could not get [the SJ4] to fail and the
braking distance was in line with [manufacturer]
specifications.” [Filing No. 54-1 at 71.] Mr. Williams
asked Mr. Disbro if the Maintenance Department should simply
replace the handle on the SJ4 and “see what
happens.” [Filing No. 54-1 at 35.] Mr. Disbro advised
Mr. Williams that that action “couldn't
hurt.” [Filing No. 54-1 at 35.] The maintenance manager
gave permission for the replacement of the handle, and the
handle was replaced on June 2, 2017. [Filing No. 54-1 at 32.]
The old handle was discarded, which is standard procedure for
the Maintenance Department for parts that are no longer
reusable. [Filing No. 54-1 at 25-26.]
On May
21, 2017-the day before Mr. Disbro's inspection of the
machine-the SJ4 was returned to the Dollar General
Maintenance Department and was "Red Tagged."
[Filing No. 60-2 at 26.] An image of the of the Red Tag form
and its contents are below. Mr. Maggard stated that the
machine "wouldn't brake, wouldn't throttle back,
[and] couldn't stop." [Filing No. 60-2 at 26.1
[Filing No. 60-2 at 26.]
(Image
Omitted)
5. Mr.
Seekins' Letter Requesting Preservation of the SJ4
Three
days after the accident, Mr. Seekins' counsel sent a
letter to the Dollar General Distribution Center, requesting
that the SJ4 be preserved. [Filing No. ...