Haynes v. American Motors Corp.

• Decision Date: 03 November 1982
• Docket Number: No. 81-2144,81-2144
• Citation: 691 F.2d 1268
• Parties: 11 Fed. R. Evid. Serv. 1471 Kenneth Daniel HAYNES, Jr. and Alma Jane Haynes, Appellants, v. AMERICAN MOTORS CORPORATION and Jeep Corporation, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1268

691 F.2d 1268

11 Fed. R. Evid. Serv. 1471

Kenneth Daniel HAYNES, Jr. and Alma Jane Haynes, Appellants, v. AMERICAN MOTORS CORPORATION and Jeep Corporation, Appellees.

No. 81-2144.

United States Court of Appeals Eighth Circuit.

Submitted April 14, 1982.

Decided Nov. 3, 1982.

E.C. Gilbreath, Jones, Gilbreath & Jones, Fort Smith, Ark., for appellants.

Davis, Cox & Wright, Fayetteville, Ark., for appellees, American Motors Corp. and Jeep Corp.

Before BRIGHT, HENLEY ^* and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Kenneth and Alma Haynes appeal from a judgment in favor of American Motors Corporation and Jeep Corporation in this action brought following the overturn of their Jeep CJ-5 driven by Alma. The case was submitted to the jury on the theories of negligence, strict liability and breach of warranty. The Haynes claim that the district court ¹ erred in refusing to allow evidence of misrepresentations in television commercials, and in refusing to instruct on the misrepresentation. They make an assortment of other claims of error in admission and refusal of evidence, and in instructions given and refused. Having carefully considered the claimed errors, we affirm.

The Haynes, self-styled by Kenneth as the Daniel Boone type, purchased a 1973 model Jeep CJ-5 in June 1977. It did not have a roll bar, and he bargained vigorously but unsuccessfully to have one added. Kenneth testified that television commercials he had seen demonstrated the Jeep as a good all-around vehicle, particularly on back roads, and demonstrated a man taking his wife to dinner. He bought the car primarily to use off the road, but it became the family car. Alma said the Jeep was bought because they liked to go fishing and over bad roads, but to her the commercials simply showed "reckless driving" and depicted the Jeeps jumping over hills. The Jeep became the family favorite and both Alma and Kenneth would usually drive it by choice.

On October 23, 1978, Alma was taking her little girl to school in the Jeep CJ-5. Her son and a friend shared the front passenger seat with Alma. The daughter sat in the back of the Jeep on the right rear wheel well. Alma started down the steep slope of a wet asphalt highway and saw two pick-up trucks stopped at the foot of the hill, completely blocking the road. She applied the brakes and the rear end of the Jeep went to the right because of the slick road. It did not fishtail. The Jeep slid to the left, went into a roadside ditch and rolled over. Mrs. Haynes was thrown from the vehicle, and sustained injuries that resulted in paraplegia.

One of the drivers at the foot of the hill gave the speed of the Jeep as it came down the hill as 45 miles an hour. He further testified that the back end came around so that it was just a little ahead of the front end.

While the testimony of the experts differed, there seemed to be some consensus that once the Jeep left the road, the wheel of the Jeep was "tripped" causing the roll. There was a dispute as to whether the Jeep rolled over sideways or flipped over, front end over rear end.

I. Misrepresentation

Kenneth and Alma Haynes contend that the district court erred in refusing to allow them to submit evidence of television commercials with respect to their claim of misrepresentation, and improperly refused to allow their expert witnesses to comment on the commercials. They argue further that the district court improperly refused their jury instruction on the misrepresentation issue, which was based on Sec. 402B, Restatement (Second) of Torts.

Plaintiffs contend the television commercials led them to believe that their CJ-5 would not roll over when subjected to the driving conditions under which Alma Haynes' accident took place.

A number of the commercials dealt with the Jeep Cherokee, and thus had no relevance in this case, which involves a Jeep CJ-5. Those commercials dealing with the CJ-5 also had little relevance since they depicted the CJ-5 in off-the-road settings, climbing steep hills and traversing rough terrain. In contrast, Alma Haynes' accident occurred when her CJ-5 skidded off We also conclude that the district court did not err in refusing plaintiffs' requested instruction on misrepresentation. The court found that there had been no evidence that in purchasing their Jeep plaintiffs had relied on any representations made by defendants. ³ Mr. Haynes testified that the commercials had influenced him to buy the CJ-5 and said that the CJ-5 looked like "a good all around vehicle," and that one of the commercials "showed a guy taking his wife to dinner." However, the commercials did not show the CJ-5 under the sort of conditions which caused the accident in which Alma Haynes was injured, and thus provided no basis for the Haynes' misrepresentation claim. There is no duty to instruct on matters not supported by the evidence. Gisriel v. Uniroyal, Inc., 517 F.2d 699, 703 (8th Cir. 1975); Brassette v. Burlington Northern, Inc., 687 F.2d 153 at 156 (8th Cir. 1982); Hamilton v. Pan American Southern Corp., 238 Ark. 38, 378 S.W.2d 652, 653 (1964).

rain-slick pavement and into a ditch. Nothing in the commercials implied that the CJ-5 would not roll over when subjected to the kind of conditions under which the Haynes' accident occurred. The trial court properly excluded these commercials, which would have served merely to confuse the issues before the jury ² and the court properly refused to allow plaintiffs' expert to comment on the commercials.

II. Evidence Questions

A.

Kenneth and Alma Haynes contend that the district court erred in refusing to allow Robert Anderson, one of their expert witnesses, to state his opinion on whether defendants should have warned potential CJ-5 buyers of the vehicle's alleged rollover propensity. The district court found that Anderson was without expertise in this particular area, and that his opinion on this issue would not be helpful to the jury.

"Admission or exclusion of expert testimony is a matter within the sound judicial discretion of the trial court, and the trial court's decision should not be reversed unless found to be 'manifestly erroneous.' " Soo Line Railroad Company v. Fruehauf Corp., 547 F.2d 1365, 1374 (8th Cir. 1977). The standard for admissibility of expert testimony is whether that testimony "will assist the trier of fact to understand the evidence or to determine a fact in issue." Fed.R.Evid. 702. Substantial testimony had already been introduced regarding the Jeep's high center of gravity, its over-steer tendency, and its apparent high propensity to roll over. From this evidence, the jury was capable of forming its own conclusion as to whether defendants should have warned buyers of the Jeep's dangerous characteristics. The expert opinion which plaintiffs sought to introduce would have added nothing to the evidence already before the jury. Brassette, 687 F.2d at 158; Strong v. E.I. DuPont de Nemours Co., Inc., 667 F.2d 682, 686 (8th Cir. 1981). Another of plaintiffs' experts, John N. Noettl, was allowed to testify that buyers should have been warned of the CJ-5's handling characteristics and its propensity to roll over. Anderson's testimony on this same issue would thus have been cumulative. We cannot conclude that the district court erred in refusing to allow Robert Anderson to testify on whether a warning should have been given.

B.

Kenneth and Alma Haynes contend that the district court erred in refusing to Plaintiffs contend that the CJ-5 was "substantially similar" to the M-151. According to the testimony of plaintiffs' own witness, however, the M-151 had independent suspension on all four wheels, as opposed to the CJ-5's solid axles. This was a critical difference since testimony established that the M-151's rear independent suspension caused the vehicle's track width to narrow and its center of gravity to rise during turning maneuvers. Plaintiffs' own witness testified that a high center of gravity and a narrow track width are among the most important factors which contribute to a vehicle's propensity to roll over. In addition, testimony established that the federal government would not allow surplus M-151's to be sold to civilians because of the vehicle's dangerous characteristics, while the M-38, another military Jeep which was closer in design to the CJ-5, was allowed to be sold to the public.

admit into evidence the Operator's Manual of the M-151 Military Jeep, which warned that these vehicles could go out of control or roll over when turned at speeds of more than twenty miles per hour. Plaintiffs sought to use this as an illustration of the type of warning that they could and should have received regarding their Jeep.

The trial judge has wide discretion in ruling on the admissibility of evidence, and his decisions will not be disturbed unless there is a clear and prejudicial abuse of discretion. E.I. DuPont de Nemours & Co. v. Berkley & Co., Inc., 620 F.2d 1247, 1272 (8th Cir. 1980); Auto-Owners Insurance Company v. Jensen, 667 F.2d 714, 722 (8th Cir. 1981). In this case the trial court found that the M-151 manual was only "remotely relevant" and "potentially prejudicial". In view of the important differences between the M-151 and the CJ-5, we cannot conclude that the trial judge abused his discretion in refusing this exhibit.

Plaintiffs' witness Robert Anderson was allowed to testify at some length about the characteristics of the M-151. He testified that the military had warned their personnel about the M-151's propensity to rollover, and that the rate of accidents involving M-151's dropped dramatically after warnings were issued. In light of this testimony, plaintiffs are not prejudiced by the exclusion of the manual itself.

C.

Kenneth and Alma Haynes contend that the district court improperly refused to admit the August 1979 edition of a Jeep CJ-5 driver's manual printed by defendants. The manual contained information on how to drive the Jeep CJ-5 and...