Burst v. Shell Oil Co.

120 F. Supp. 3d 547, 2015 WL 3620111, 2015 U.S. Dist. LEXIS 74338
District Court, E.D. Louisiana·Decided June 9, 2015·No. Civil Action No. 14-109·Published·Cited by 3 cases

Opinion

ORDER AND REASONS

SARAH S. VANCE, District Judge.

Defendants Shell Oil Company, Chevron U.S.A. Inc., and Texaco, Inc. move to exclude the testimony of plaintiffs expert Dr. Robert Harrison.1 Because the Court finds that Dr. Harrison’s opinion on general causation is unreliable, the Court excludes this testimony.'

I. BACKGROUND

Plaintiff Yolande Burst filed this products liability action against defendants Shell, Chevron (as successor to Gulf Oil Corporation), ■ and Texaco.2 She alleges that her late husband, Bernard Burst, Jr., worked at various gas stations from 1958 through 1971, during which time he regularly used products manufactured, supplied, distributed, and sold by defendants.3 Specifically, she alleges that he would regularly come into contact with gasoline containing, benzene.

On June 20, 2013, physicians diagnosed Mr. Burst with • acute myeloid leukemia (AML).4 He was 71 years old. He passed away as a result of the leukemia on December 21, 2013.5

Plaintiff alleges that her husband’s regular exposure to gasoline containing benzene during the years he worked as a gas station attendant and mechanic caused his leukemia,6 She claims that defendants negligently manufactured and sold products containing benzene and that they negligently failed to warn foreseeable users about the health hazards associated with these, products.7 She also alleges strict products liability.8

To demonstrate that Mr. Burst’s .exposure to gasoline caused his AML, plaintiff relies on an expert report from Dr. Robert Harrison, a physician, in which he opines both that benzene can cause AML and that Mr. Burst’s exposure to benzene caused his AML. Defendants move to exclude Dr. Harrispn’s general causation opinion arguing that it is unreliable and irrelevant.

[550] II. LEGAL STANDARD

This is a toxic torts case where plaintiff alleges that gasoline with benzene caused her husband’s AML. Plaintiff must show general causation — that benzene as a component of gasoline can cause AML— and specific causation — that defendants’ product caused Mr. Burst’s AML. See Knight v. Kirby Inland Marine Inc., 482 F.3d 347, 351 (5th Cir.2007) (“General causation is whether a substance is capable of causing a particular injury or condition in the general population, while specific causation is whether a substance caused a particular individual’s injury.”) (quoting Merrell Dow Pharm., Inc. v. Havner, 953 S.W.2d 706, 714 (Tex.1997)). A court may admit specific-causation evidence only after the plaintiff has produced admissible evidence on general causation. See id. (“[I]f it concludes that there is admissible general-causation evidence, the district court must determine whether there is admissible specific causation evidence.”).

A district court has considerable discretion to admit or exclude expert testimony under Rule 702. See Gen. Elec. Co. v. Joiner, 522 U.S. 136, 138-39, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997); Seatrax, Inc. v. Sonbeck Int’l, Inc., 200 F.3d 358, 371 (5th Cir.2000). Rule 702, which governs the admissibility .of expert witness testimony, provides:

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or' other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case.

Fed.R.Evid. 702.

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court held that Rule 702 requires the district court to act as a gatekeeper to ensure that “any and all scientific testimony or evidence admitted is not only relevant, but reliable.” 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); see also Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 147, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999) (clarifying that the Daubert gatekeeping function applies to all forms of expert testimony). The Court’s gatekeeping function thus involves a two-part inquiry into reliability and relevance.

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Burst v. Shell Oil Co., 120 F. Supp. 3d 547, 2015 WL 3620111, 2015 U.S. Dist. LEXIS 74338 (E.D. La. 2015).

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