Bullock v. Volkswagen Group of America, Inc.

107 F. Supp. 3d 1305, 2015 U.S. Dist. LEXIS 61174, 2015 WL 2213012
CourtDistrict Court, M.D. Georgia
DecidedMay 11, 2015
DocketCase No. 4:13-CV-37 (CDL)
StatusPublished
Cited by6 cases

This text of 107 F. Supp. 3d 1305 (Bullock v. Volkswagen Group of America, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bullock v. Volkswagen Group of America, Inc., 107 F. Supp. 3d 1305, 2015 U.S. Dist. LEXIS 61174, 2015 WL 2213012 (M.D. Ga. 2015).

Opinion

ORDER

CLAY D. LAND, Chief Judge.

In Virgil’s ancient epic poem The Aeneid, Diomede advises the Latians to avoid war based on his personal experience. Virgil uses the phrase experto credite (“believe the expert”) in the original version to explain why Diomede should be believed.1

Like many product liability actions, liability in this case depends on which parties’ experts are believed. Since the days of Virgil, particularly in the federal courts, some have grown skeptical of those who base their expertise on their own personal experience. Many modern day lawyers and judges would scoff at Diomede’s suggestion of experto credite. They would likely label his attempt to support his opinion that war should be avoided based on his first-hand experiences in war with the oft-quoted Daubert motion favorite-expert opinion evidence must be rejected when the foundation of the opinion is the ipse dixit of the expert (“believe it solely because I said it”).2 This skepticism arises especially when an expert does not have multiple advanced degrees or maintain an up-to-the-minute curriculum vitae on his web site; but instead bases his opinion primarily on personal experience. In this case, one of Plaintiffs experts, Lee Hurley, is a veteran automobile mechanic with over 40 years experience. He may be no Diomede, but he confirms the wisdom of Virgil’s observation that old-fashioned firsthand experience can be a powerful thing.

Before reaching the merits of the pending motions, a few additional observations about the pervasive use of Daubert motions in modern day litigation are appropriate. Much of the Dcm&eri-related skepticism of expert testimony arises in part from an apparent concern that ordinary citizens are incapable of evaluating the credibility of some types of opinion evidence. Thus, we have anointed the omniscient judge as the gatekeeper to deter[1309]*1309mine what opinions a jury should and should not hear. The gatekeeper role originated over concerns about “junk science,” but some have expanded it to decide cases on the merits based on an assessment that the expert’s opinion is not credible. Allowing such credibility assessments to lock the gate to the jury box removes decisions traditionally best left to the common sense and varied life experiences of a properly instructed jury. Although the Court certainly has a duty to perform its gatekeeping function, it must be careful to recognize the distinction between excluding evidence based on skepticism as to its believability (an assessment to be made by the jury) and excluding evidence because it is not reasonably reliable (a job for the judge). In some cases, this distinction becomes blurred and is difficult to ascertain. This is not such a case.

Plaintiffs Kevin and Cheryl Bullock filed this product liability action against Defendants Volkswagen Group of America, Inc., Volkswagen AG, and Honeywell International, Inc., alleging that the Honeywell turbocharger in their 2004 Volkswagen Passat was defective. They contend that as a result of the defective turbocharger, the vehicle suddenly and unintendedly accelerated, causing Mrs. Bullock to lose control of it. The car left the roadway and flipped, and Mrs. Bullock suffered injuries from the crash. She seeks to recover damages for her personal injuries; her husband seeks damages for loss of consortium. To prove that the turbocharger was defective and contributed to the crash, Plaintiffs rely on two expert witnesses: Lee Hurley, an automotive mechanic with over 40 years of experience; and Mark Hood, a materials engineer.

The Court finds that Plaintiffs? experts are sufficiently qualified and their opinions are adequately reliable and adjusted to the facts of this case such that a jury should hear their opinions and decide whether to believe them. Accordingly, for the reasons explained in the remainder of this Order, Defendants’ motions to exclude the testimony of Plaintiffs’ experts (ECF Nos. 49, 50, 51, & 52) are denied. Because that testimony, along with other evidence in the record, creates genuine factual disputes as to Defendants’ liability in this case, Defendants’ summary judgment motions (ECF Nos. 53 & 56) are also denied in large part. Plaintiffs’ motion to exclude one of Defendants’ experts (ECF No. 54) is also denied.

DISCUSSION

I. Defendants’ Daubert Motions

A. Standard, for the Admissibility of Expert Opinions

Under Federal Rule of Evidence 702, the Court must serve as the gatekeeper “to keep out irrelevant or unreliable expert testimony.” United States v. Ala. Power Co., 730 F.3d 1278, 1282 (11th Cir.2013) (citing Kumho Tire Co. v. Carmichael, 526 U.S. 137, 145, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999) and Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 596, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993)). “This gatekeeping role, however, is not intended to supplant the adversary system or the role of the jury: 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.” Id. at 1282 (internal quotation marks omitted).

In evaluating the admissibility of expert testimony under Rule 702, the Court must consider whether “(1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable ...; and (3) the testimony assists the [1310]*1310trier of fact ... to understand the evidence or to determine-a fact in issue.” United States v. Frazier, 387 F.3d 1244, 1260 (11th Cir.2004) (en banc). Many cases, particularly those involving opinion testimony that relies on the scientific method, cite the traditional factors that courts should consider when determining whether an expert’s methodology is suffi'ciently reliable: “(1) whether the expert’s theory can be and has been tested; (2) whether the theory, has been subjected to peer review and publication; (3) the known or potential error rate of the technique; and (4) whether the technique is generally accepted in the scientific community.” Adams v. Lab. Corp. of Am., 760 F.3d 1322, 1327 (11th Cir.2014) (per curiam). These factors, of course, represent a non-exhaustive list and “‘do not'constitute a definitive checklist or test.’ ” Id. (quoting Kumho Tire, 526 U.S. at 150, 119 S.Ct. 1167). “While those factors may help in assessing the reliability of scientific or experience-based expert testimony, the district court’s ‘gatekeeping inquiry must be tied to the facts of a particular case.’ ” Id. (quoting Kumho Tire, 526 U.S. at 150, 119 S.Ct., 1167).

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Bluebook (online)
107 F. Supp. 3d 1305, 2015 U.S. Dist. LEXIS 61174, 2015 WL 2213012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bullock-v-volkswagen-group-of-america-inc-gamd-2015.