J.W. Smith, et al. v. TimberPro, Inc., et al.

This is the second appeal of this case, which involves the destruction of a TimberPro TL735B harvester by electrical fire. In the first appeal, we affirmed the grant of summary judgment for all claims against the defendants except for claims of the breach of the implied warranties of merchantability and fitness against appellee, Woodland Equipment, Inc. (“Woodland”). After the first appeal, the trial court found that Woodland breached the implied warranty of merchantability with respect to the protective plastic covering used to cover the wires that caused the electrical fire. Nonetheless, the trial court did not hold Woodland liable, finding appellant, J.W. Smith, leaving the master switch “on” was the “last precipitating cause” of the fire. The court also determined that if an appellate court was to reverse its findings, the damages Smith would be entitled to would be $330,000 for the harvester, which was determined by subtracting the salvage value of the harvester ($45,000) from the value of the harvester before the fire ($375,000). We conclude that Smith’s failure to turn “off” the master switch was not an intervening cause, and the evidence does not preponderate against the trial court’s prospective award of damages. We affirm in part, reverse in part, and remand for further proceedings.