John Buchan alleges that he was standing in line at the Atlanta Hartsfield International Airport when the vinyl retractable tape on a crowd-control barrier became detached from a metal post and struck him in the arm. Buchan sued Lawrence Metal Products, Inc., the purported manufacturer of the Tensabarrier crowd-control system, based on theories of negligence and strict liability. Buchan alleged that Lawrence Metal was negligent in that it failed to exercise reasonable care in the design, manufacture, inspection and distribution of the Tensabarrier system, that it knew the system was dangerous, that it failed to make reasonable inspections to correct the defects, and that it failed to warn users of the dangers presented by the system.1 Buchan also alleged that Lawrence Metal was strictly liable because it designed, manufactured, and distributed the Tensabarrier system, and that the system was defective because it lacked an adequate securing method to prevent the straps from becoming detached from the posts when bumped and to have a release system which would cause the system to operate in a safe manner if the straps became detached from the posts. Lawrence Metal moved for summary judgment. It contended that there was no evidence that it manufactured the Tensabarrier crowd-control system. It urged that another company, Tensator Limited, designed and manufactured the retractable tape cassette, and that Lawrence Metal merely produced the metal posts in which the cassettes were inserted. The trial court granted the motion, holding that Tensator Limited manufactured the retractable tape cassettes, and that Lawrence Metal manufactured the metal posts but merely labeled, marketed, and sold the Tensabarrier system. The trial court held that, based on the law concerning mere sellers of products, Lawrence Metal could not be held liable based on theories of negligence or strict liability.
Buchan appealed. Buchan also moved to supplement the record on appeal and to extend the time to file his brief alleging that he discovered new evidence which was not in the record before the trial court and which he believed should be considered. This Court remanded the case for a determination of Buchan’s claims regarding the admissibility of the evidence into the record. On remand, Buchan filed in the trial court motions to set aside summary judgment, for sanctions, and for additional discovery. The trial court denied the motions. Buchan appeals.
