Johnson v. Ford Motor Co.

• Citation: 988 F.2d 573
• Decision Date: 19 April 1993
• Docket Number: No. 92-7047,92-7047
• Parties: 38 Fed. R. Evid. Serv. 791 James L. JOHNSON, Plaintiff-Appellant, v. FORD MOTOR COMPANY and Ford Motor Company of Canada, Ltd., Defendants-Appellees.
• Court: United States Courts of Appeals. United States Court of Appeals (5th Circuit)

Page 573

988 F.2d 573

38 Fed. R. Evid. Serv. 791

James L. JOHNSON, Plaintiff-Appellant, v. FORD MOTOR COMPANY and Ford Motor Company of Canada, Ltd.,

Defendants-Appellees.

No. 92-7047.

United States Court of Appeals, Fifth Circuit.

April 19, 1993.

James E. Carter, Madison, GA, for plaintiff-appellant.

Michael W. Ulmer, Watkins & Eager, Jackson, MS, Gary L. Hayden, (Sr. Atty.), Ford Motor Co., Dearborn, MI, for defendants-appellees.

Appeal from the United States District Court for the Southern District of Mississippi.

Before KING and EMILIO M. GARZA, Circuit Judges, and COBB, ^* District Judge.

PER CURIAM:

Nanci Darlene Johnson died in an automobile accident on November 25, 1985 while driving her 1983 1/2 model Ford Escort. In May 1990, James L. Johnson, the father of the deceased, brought this action against Ford Motor Company and Ford Motor Company of Canada, asserting that his daughter's Escort was defective and unreasonably dangerous and that this resulted in her death. The case was tried before a jury, which found that the Escort was not defective and unreasonably dangerous, and that Ford was not negligent. The district court entered judgment accordingly, and Johnson now appeals from that judgment, alleging several evidentiary errors and challenging a remark made by Ford's counsel during its closing argument. Finding no error, we affirm.

I. BACKGROUND

In November 1985, Nanci Darlene Johnson ("Darlene") was driving her Ford Escort under rainy conditions on a two-lane highway running through Mississippi. The 1983 1/2 Escort was manufactured in June 1983, and it had been driven approximately 24,000 miles at the time of the accident. The vehicle's front tires had a reasonable amount of tread remaining on them, but the back tires were nearly slick. For whatever reason, Darlene lost control of the car, spun into the other lane, and collided with a pickup truck driven by Kathyleen Sammons. Darlene was killed instantly.

A. Spoilation of the Evidence

After the accident in November 1985, the Escort was moved numerous times and stored under various conditions: first, the vehicle was towed to a garage where it was stored for a few months; it was then moved to another location, and stored in a building for one month; the vehicle was then moved again, this time to a body shop where it was inspected and photographed; and the vehicle was then transported to a house, where it was stored outside and on grass for approximately two years. During the time it was stored outside and on grass, the Escort was examined again; the wheel cylinders were removed from all four wheels, and more photographs were taken. In May 1988, the car was towed ten miles to another house and, three months later, it was moved yet again to a location where it was stored in a shed with a sand floor. Apparently no attempts were made to protect any parts of the car during this series of moves and periods of storage. Finally, the Escort was transported to Ohio, where experts examined and photographed the "C.V. joint assembly," and then thoroughly cleaned and degreased the parts, removing all of the allegedly contaminating debris.

B. Proceedings

James L. Johnson, the father of Darlene Johnson, brought this action against the Ford Motor Company and Ford Motor Company of Canada, Ltd. (together "Ford") some five years after his daughter's accident. Before trial, Ford moved for summary judgment, arguing that key evidence had been altered or destroyed by the repeated moving and outside storage of the car, and by the cleaning of contaminants from its parts. Johnson argued that, because he had not yet filed his lawsuit, he was not required to preserve the contaminants. Although the district court denied Ford's motion, it allowed Ford the opportunity to argue spoilation to the jury at trial.

The case proceeded to trial on December 2, 1991. During the course of trial, Johnson produced eleven witnesses, and more than one hundred of his exhibits were received into evidence. Johnson's theory at trial was that a flexible rubber boot covering a "left inboard C.V. joint" on the front of the Escort was torn prior to Darlene's accident, thereby allowing microscopic debris to contaminate the joint. According to Johnson, this contamination of the joint made it seize and act like a brake on the left front wheel, and caused Darlene's car to pivot around that wheel and into the path of the oncoming pickup truck.

Plaintiff's expert, Larry Bihlmeyer, a former Ford engineer, theorized that the C.V. joint assembly had numerous design and manufacturing defects. Specifically, he asserted that: a "boot" component of this assembly had two design and two manufacturing defects; a retainer inside the boot had four design defects; and the clamp holding the boot had two design defects and a manufacturing defect. Bihlmeyer also cited seven alleged defects in the "halfshaft assembly" ¹ based on the theory that a sharp screw cut the boot while the car was being assembled. According to Bihlmeyer, there was inadequate clearance between the retainer and the boot, and, because the material used to manufacture the boot was too thin, it tore too easily. Bihlmeyer substantiated this testimony by introducing an exhibit which showed that Ford had received numerous warranty claims involving split or torn boots and contaminated C.V. joints on another line of its cars. Finally, according to Bihlmeyer, the complexity of having one boot fit several different C.V. joints constitutes a design defect.

In response, Ford freely admitted that the inboard C.V. joint boots can get torn, and that, as a result, contaminants may enter the joint. Ford also admitted that the stamped metal retainer used on Darlene's Escort could cut the boot and that, in its owner's manuals, Ford actually told its customers that they should inspect the C.V. joint boots periodically for signs of leakage and splitting. However, Ford contended that the C.V. joint on Darlene's Escort was contaminated during or after the accident. Ford also contended that contamination of the C.V. joint could not result in the joint seizing and creating a loss of steering control, and that the worst thing that could result from contamination of the inboard C.V. joint would be some vibration, clanking, and noise. According to Ford, Darlene's accident must have been caused by road conditions and driver error.

The case was submitted to a jury on theories of strict liability and negligent design and manufacture. After two hours of deliberation, the jury unanimously found that the Escort was neither defective nor unreasonably dangerous, and that it was not negligently designed or manufactured. Rather than moving for a new trial, Johnson directly appealed to this court.

II. DISCUSSION

Johnson raises two categories of error on appeal. First, he asserts that the district court abused its discretion in refusing to admit several documents into evidence. Second, Johnson contends that the district court abused its discretion by overruling his objection to remarks made in Ford's closing argument concerning Johnson's alleged failure to produce any evidence that the C.V. joint assembly had ever caused an accident resulting in personal injury.

A. Evidentiary Rulings

Johnson raises a number of challenges to the district court's evidentiary rulings, most of which were made pursuant to Rule 403 of the Federal Rules of Evidence. Rule 403 provides that:

[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

This court has recognized that, because of his or her involvement in the trial, a district court judge often has superior knowledge and understanding of the probative value of evidence. See Hardy v. Chemetron Corp., 870 F.2d 1007, 1009 (5th Cir.1989). Therefore, we show considerable deference to the district court's evidentiary rulings, reviewing them only for abuse of discretion. See Sullivan v. Rowan Companies, Inc., 952 F.2d 141, 146 (5th Cir.1992); Seidman v. American Airlines, Inc., 923 F.2d 1134, 1138 (5th Cir.1991); Jackson v. Firestone Rubber Co., 788 F.2d 1070, 1075 (5th Cir.1986). In fact, we will reverse a judgment based on an improper evidentiary ruling "only where the challenged ruling affects a substantial right of a party." Jones v. Benefit Trust Life Ins. Co., 800 F.2d 1397, 1400 (5th Cir.1986); see also FED.R.EVID. 103(a) ("Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected....") (emphasis added).

With this standard in mind, we now consider Johnson's challenges to the district court's refusal to admit (1) evidence regarding other lawsuits and claims against Ford, (2) a Ford interoffice memorandum, and (3) certain evidence regarding the wire ring retainer. Johnson also challenges statements made by Ford during its closing argument.

1. Other Lawsuits and Claims

Johnson's first evidentiary challenge involves evidence of five other lawsuits against Ford and claims made by four other customers. Ford moved in limine to prohibit Johnson from presenting this evidence, and, to show the court the nature of the allegations in these other cases, attached copies of the complaints and customer letters to its motion. ² In short, Ford argued that (1) these other lawsuits are not relevant because their facts and circumstances are not substantially similar to the facts and circumstances in the case before us, and, (2) even if relevant, these other unadjudicated claims and lawsuits constitute mere hearsay which is more prejudicial than probative. Rather than showing substantial similarity, Johnson argued that these other lawsuits (1) are relevant to the issue of notice and (2) constitute the type of evidence commonly relied upon by experts to establish...