Brown v. Ford Motor Co.

121 F. Supp. 3d 606, 2015 U.S. Dist. LEXIS 103878, 2015 WL 4716515
CourtDistrict Court, S.D. Mississippi
DecidedAugust 7, 2015
DocketCivil Action No. 3:14cv197-DPJ-FKB
StatusPublished
Cited by7 cases

This text of 121 F. Supp. 3d 606 (Brown v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Ford Motor Co., 121 F. Supp. 3d 606, 2015 U.S. Dist. LEXIS 103878, 2015 WL 4716515 (S.D. Miss. 2015).

Opinion

ORDER

DANIEL P. JORDAN III, District Judge.

This products-liability case is before the Court on the following motions filed by Defendant Ford Motor Company: Motion to Exclude the Opinions of Mark Sutherland [85]; Motion to Exclude the Opinions of Stan Smith [86]; Motion for Summary Judgment [89]; and Motion for Summary Judgment on Plaintiffs’ Punitive Damages Claim [91]. As set forth below, the Motion to Exclude the Opinions of Mark Sutherland [85] is granted in part, and the Motion for Summary Judgment [89] is granted. The remaining motions [86, 91] are denied as moot.

I. Facts and Procedural History

This case arises from a May 10, 2011 fire at Plaintiffs’ home allegedly caused by a design defect in the speed-control deactivation' switch (“SCDS”) in their 2001 Ford F-150 truck. In layman’s terms, the SCDS operates to cut off an engaged cruise-control system when the driver applies the brakes. At the time of the fire, which occurred in the middle of the night, the truck was off, unattended, and parked in the carport.

Plaintiffs Charles Brown, Marnie Brown, Courtney Wells, Austin Wells, and minors B.B. and G.B. filed this suit against Ford Motor Company on March 10, 2014. Compl. [1]. They seek compensation for the loss of their home, its contents, and the truck, as well as damages for psychological injuries. Following the close of discovery, Ford filed its dispositive and Daubert motions. The Court held a hearing on the matter on May 8, 2015, after which it gave the parties an opportunity to explore settlement. Those negotiations failed, and the Court is now prepared to rule. Personal and subject-matter jurisdiction exist.

II. Standard

A. Expert Testimony

The following oft-stated rules apply to the Court’s gate-keeping role. To begin, “whether a proposed expert should be permitted to testify is case, and fact, specific.” Hodges v. Mack Trucks, Inc., 474 F.3d 188, 194 (5th Cir.2006). Moreover, the district court retains “ ‘broad latitude’ both in deciding how to determine whether an expert’s testimony is reliable, and ultimately, whether the testimony is, in fact, reliable.” Id. (quoting Kumho Tire Co. v. Carmichael, 526 U.S. 137, 142, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999)). When evaluating expert testimony, the overarching concern is whether or not it is relevant and reliable. “A party seeking to introduce expert testimony must show ‘(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.’ ” Smith v. Goodyear Tire & Rubber Co., 495 F.3d 224, 227 (5th Cir.2007) (quoting Fed. R.Evid. 702). A court should “make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field.” Kumho Tire, 526 U.S. at 152, 119 S.Ct. 1167.

[611]*611The gatekeeper function of the district court does not, however, replace trial on the merits. “Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 596, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). In performing its gatekeeper function prescribed under Daubert, the district court should approach its task with proper deference to the jury’s role as the arbiter of disputes between conflicting opinions. Finally, “[t]he party offering the expert must prove by a preponderance of the evidence that the proffered testimony satisfies the rule 702 test.” Mathis v. Exxon Corp., 302 F.3d 448, 459-60 (5th Cir.2002).

B. Summary Judgment

Summary judgment is warranted under Rule 56(a) of the Federal Rules of Civil Procedure when evidence reveals no genuine dispute regarding any material fact and that the moving party is entitled to judgment as a matter of law. The rule “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The party moving for summary judgment “bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. 2548. The nonmoving party must then “go beyond the pleadings” and “designate ‘specific facts showing that there is a genuine issue for trial.’” Id. at 324, 106 S.Ct. 2548. In reviewing the evidence, factual controversies are to be resolved in favor of the nonmovant, “but only when ... both parties have submitted evidence of contradictory facts.” Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc) (per curiam). When such contradictory facts exist, the court may “not make credibility determinations or weigh the evidence.” Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

III. Analysis

Plaintiffs assert a design-defect claim under the Mississippi Products Liability Act (“MPLA”), Mississippi Code section 11-1-63.1 To recover on such a claim,

the plaintiffs must prove that at the time the product left the control of the manufacturer or seller: (1) the product was designed in a defective manner; (2) the defective condition rendered the product unreasonably dangerous to the user or consumer; and (3) the defective and unreasonably dangerous condition of the product was the proximate cause of the plaintiffs damages.

3M Co. v. Johnson, 895 So.2d 151, 161 (Miss.2005). To establish that the product was unreasonably dangerous, Plaintiffs

[612]

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121 F. Supp. 3d 606, 2015 U.S. Dist. LEXIS 103878, 2015 WL 4716515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-ford-motor-co-mssd-2015.