Nemir v. Mitsubishi Motors Corporation
| Decision Date | 08 May 2002 |
| Docket Number | No. 96-75830.,96-75830. |
| Citation | 200 F.Supp.2d 770 |
| Parties | Michael A. NEMIR, M.D., Plaintiff, v. MITSUBISHI MOTORS CORPORATION, a Delaware corporation, and Chrysler Corporation, a Delaware corporation, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
George Hilborn, Craig E. Hilborn, Hilborn & Hilborn, Birmingham, MI, for Plaintiff Counsel.
David R. Kelly, Bowman and Brooke, LLP, Minneapolis, MN, Fred Fresard, Bowman and Brooke, LLP, Detroit, MI, for Defendants' Counsel.
Pursuant to the United States Court of Appeals for the Sixth Circuit's opinion in Nemir v. Mitsubishi Motor Sales, 2001 WL 223775 (6th Cir.2001) (unpublished opinion) (per curiam), and defendants' motion to exclude plaintiff expert Thomas Horton's testimony regarding his test on the actual seat belt buckle, his testimony regarding other incidents of partial latching, and his video demonstration of other buckles, I now decide the admissibility of Horton's remaining testimony. For the reasons below, I admit in part, and exclude in part, Horton's expert testimony.
The factual background of this case is fully explained in my previous opinion. Nemir v. Mitsubishi Motors Corp., 60 F.Supp.2d 660 (E.D.Mich.1999).
On July 30, 1999, this court excluded Horton's expert testimony because his tests of the exemplar buckles were neither relevant nor reliable under Federal Rule of Evidence 702 (28 U.S.C. § 702). Accordingly, I granted summary judgment for Mitsubishi. On appeal, the United States Court of Appeals for the Sixth Circuit upheld this court's exclusion of Horton's exemplar buckle tests but remanded for consideration other portions of Horton's testimony and submission of the case to a jury. Nemir, 2001 WL 223775.
Now Mitsubishi moves to exclude Horton's testimony on his test of the actual buckle, his testimony on the alleged other incidents of partial-engagement, and his video demonstrations from other litigations.
In Nemir v. Mitsubishi, 2001 WL 223775, the United States Court of Appeals for the Sixth Circuit reversed in part this court's order excluding the entire testimony of plaintiff's expert Thomas Horton because his tests on the exemplar buckle failed to meet FRE 702 and the Daubert standard. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). While the Sixth Circuit upheld the exclusion of Horton's test on the exemplar buckles, it held that this court "erred in its analysis by excluding Horton's entire testimony." Id. at *3 (emphasis added). Moreover, "[i]t was arbitrary to decide that analysis would focus on a single aspect of Horton's testimony." Id. Finally, "the district court neglected to review the admissibility of the remainder of Horton's testimony." Id. at *4.
The panel then proceeded to list portions of Horton's testimony that I failed to consider because they were independent of Horton's exemplar buckle tests. These include Horton's testimony: 1) regarding the mechanics of seat belt operation; 2) the occurrence and testing of the partial latch phenomenon, federal regulations governing it, and existing alternate design; 3) numerous scratch-marks on plaintiff's buckle, indicating frequent use; 4) his test on the actual seat belt and his testimony that it took "more than a reasonable amount of poundage to pull it out of partial engagement."; 5) a seat belt's ability to partially latch utilizing any method available which creates an inherently dangerous product; and 6) Horton's belief that the design defect is causally connected to plaintiff's injuries. I now consider them in detail.1
Federal Rule of Evidence 702, amended in 2000, states the standard for admissibility of expert testimony:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
The proponent of expert testimony bears the burden of establishing that such requirements have been met by a "preponderance of the evidence." See Bourjaily v. United States, 483 U.S. 171, 172-173, 107 S.Ct. 2775, 2776-2777, 97 L.Ed.2d 144 (1987). Nonetheless, proponents of the expert testimony need not demonstrate that the assessments of their experts are correct, only that their opinions are reliable. In re Paoli R.R. Yard PCB Litigation, 35 F.3d 717, 744 (3d Cir. 1994).
In Daubert, the United States Supreme Court held that FRE 702 requires trial judges to perform a "gatekeeping role" when considering the admissibility of expert testimony. Daubert, 509 U.S. at 597, 113 S.Ct. 2786. Daubert and FRE 702 "assign to the trial judge the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand." Id.
To determine reliability, Daubert suggests several factors that trial judges may consider: (1) whether the proposed hypothesis is testable, (2) whether the theory or technique has been subject to peer review or publication, (3) the known or potential error rate, and (4) whether the theory or technique is "generally accepted." Id., at 593-94, 113 S.Ct. 2786. These suggested factors are not presented as a "definitive checklist," (id., at 593, 113 S.Ct. 2786) but are offered to assist trial judges in their "flexible" inquiry as to the reliability of expert testimony (id., at 594, 113 S.Ct. 2786). In addition to these Daubert factors, the Sixth Circuit has added a fifth factor: "whether the experts are proposing to testify about matters growing naturally and directly out of the research they have conducted independent of the litigation, or whether they have developed their opinions expressly for purposes of testifying because the former provides important objective proof that the research comports with the dictates of good science." Smelser v. Norfolk Southern Railway Co., 105 F.3d 299, 303(6th Cir.1997) (citations omitted).
In Kumho Tire Company v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999), the Supreme Court reiterated Daubert's central holding that trial judges must perform a gatekeeping role as to all proffered expert testimony. Id. Kumho held that trial courts may consider the specific Daubert factors in assessing the reliability of all types of expert testimony, including both "scientific" and "technical" evidence. Id. In considering scientific expert testimony, the inquiry focuses on the principles and methodologies relied on by the expert. The Sixth Circuit in Smelser explained:
First, the court is to determine "whether the experts' testimony reflects `scientific knowledge,' whether their findings are `derived by the scientific method,' and whether their work product amounts to `good science.'" An expert opinion that is based on scientifically valid principles will satisfy FRE 702; an expert's subjective belief or unsupported speculation will not.
An expert witness may also rely on his experience as the basis for his testimony. If the witness is relying solely or primarily on experience, then he must explain how that experience leads to the conclusion reached, why that experience is a sufficient basis for the opinion, and how that experience is reliably applied to the facts. See F.R.Evid. 702, Comment 2000 Amendments. This court's gatekeeping function requires more than simply taking the expert's word for it. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1319 (9th Cir.1995) (on remand) ( ). The more subjective and controversial the expert's inquiry, the more likely the testimony should be excluded as unreliable. See O'Conner v. Commonwealth Edison Co., 13 F.3d 1090 (7th Cir.1994) ().
Moreover, the proffered testimony must also be relevant. Daubert, 509 U.S. at 591, 113 S.Ct. 2786. The court must "ensure that the proposed expert testimony is relevant to the task at hand." Smelser, 105 F.3d at 303 (citations omitted). In other words, the expert's scientific testimony must "fit" the facts of the case. Daubert, 509 U.S. at 591, 113 S.Ct. 2786.
As a gatekeeper, this court is required to decide whether Horton's expert opinions, and the basis for those opinions, are reliable and relevant. I now turn to Horton's proffered testimony.
Because Horton has extensive experience as an automotive safety engineer with General Motors, TRW, Inc., and Takata, and because the testimony is relevant to this case, his testimony regarding the mechanics of seat belt operation will be admitted.
In his deposition of December 28, 1998, Horton testified that the RNS-3 seat belt was an existing alternative design that circumvented the problem of partial latch. (Horton Dep., Dec. 28, 1998 at 198-99). Because Horton has extensive experience as an automotive safety engineer with General Motors, TRW, Inc., and Takata, and because it is relevant to plaintiff's prima facie case of establishing a design defect, his testimony that the RNS-3 was an existing alternative design that circumvents the issue of partial latch will be admitted.
To continue reading
Request your trial
-
Zuzula v. Abb Power T & D Co., Inc.
...to the jury. It should be remembered that an expert's testimony need not be correct, only reliable. Nemir v. Mitsubishi Motors Corp., 200 F.Supp.2d 770, 773 (E.D.Mich.2002). Comparing an existing design to known and established electrical codes is a generally accepted methodology, which Den......
-
United States v. Shaver
... ... alone. [ 2 ] See Nemir v. Mitsubishi Motors ... Corp. , 200 F.Supp.2d 770, 774 (E.D. Mich ... ...