Chad Weisgram v. Marley Company

169 F.3d 514, 51 Fed. R. Serv. 3d 76, 1999 U.S. App. LEXIS 2724, 1999 WL 86437
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 23, 1999
Docket97-3735
StatusPublished
Cited by1 cases

This text of 169 F.3d 514 (Chad Weisgram v. Marley Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chad Weisgram v. Marley Company, 169 F.3d 514, 51 Fed. R. Serv. 3d 76, 1999 U.S. App. LEXIS 2724, 1999 WL 86437 (8th Cir. 1999).

Opinions

BOWMAN, Chief Judge.

Marley Company appeals from the judgment of the District Court, entered upon a jury verdict, awarding damages to Chad Weisgram, individually and on behalf of the heirs of Bonnie Weisgram, and to State Farm Fire and Casualty Company. We vacate the judgment and remand for entry of judgment as a matter of law in favor. of Marley.

I.

On December 30, 1993, at approximately 6:00 a.m., firefighters were called to the town house of Bonnie Weisgram in Fargo, North Dakota, when an off-duty firefighter noticed flames around the front entrance to the home. The front door of the residence was open (although the storm door was closed), notwithstanding the sub-freezing outdoor temperature. Firefighters entered the town house and found Bonnie Weisgram’s body lying face down on top of a large, broken mirror, in the upstairs bathroom of the split-entry residence. They also found an open window in Weisgram’s upstairs bedroom, which adjoined the bathroom where the body was found. The cover of the smoke detector located in the ceiling of the upstairs hallway had been removed and was found on the carpeted floor of Weisgram’s bedroom, where it had been laying since before the fire produced the soot that covered the exposed areas of carpeting. A folding chair was on the floor, folded up, near the detector cover. Upstairs in the living room, an L-shaped sectional sofa was badly damaged by fire in both sections. The back of one section of the sofa was along a metal railing that was open to the entryway and immediately to the right (north) of the entrance at about shoulder level when standing in the entryway; the other section, equally damaged, was along the adjoining (east) wall upstairs. To the left of the entrance, directly in front of the south entryway wall, there was a hole burned through the floor of the entryway. A fifteen-year-old baseboard heater manufactured by Marley had been mounted on that south wall before the fire. There was structural fire damage around the entrance of the town house. The remainder of the residence, including the area downstairs from the entryway, suffered damage from smoke, heat, and water, but no fire damage.

An autopsy determined that Weisgram had died from smoke inhalation, that is, carbon monoxide poisoning, at approximately 2:30 in the morning. There is no dispute that the likely source of the carbon monoxide was the smoldering sofa. Further, Weisgram’s blood alcohol level was 0.15, and there was evidence that she had taken a drug that generally is prescribed to relieve pain and as a sleep aid, although it was not clear from the tests whether she took it that night. She was last seen alive at 11:00 p.m. the evening of December 29 by her fiancé, who observed her drink an alcoholic beverage and smoke a cigarette before he left.

Weisgram’s adult son, Chad,1 individually and on behalf of Bonnie Weisgram’s heirs, sued Marley for the wrongful death of his mother. State Farm, which insured the Weisgram home, sued Marley to recover insurance benefits paid for the damage to the Weisgram town house and its contents, and (by assignment) benefits paid for the damage to the adjoining Ferguson town house. The cases were consolidated and tried to a jury on a theory that Marley was strictly liable because the baseboard heater was defective. The jury awarded $500,000 to Chad and the heirs and $100,575.42 to State Farm. Marley’s motion for judgment as a matter of law (JAML) and its motion for a new trial both were denied. Marley appeals.

II.

We review de novo the District Court’s decision to deny Marley’s motion for JAML. See Finley v. River N. Records, Inc., 148 F.3d 913, 917 (8th Cir.1998). We view the evidence in the light most favorable to Chad Weisgram and State Farm, and will not reverse the court’s decision unless all of the [517]*517evidence properly admitted “points [Marley’s] way and is susceptible of no reasonable inferences sustaining [Weisgram and State Farm’s] position.” Wright v. Willamette Indus., Inc., 91 F.3d 1105, 1106 (8th Cir.1996).

We initially consider the plaintiffs’ burden of proof in this strict products liability case. In order to prevail under North Dakota law, the plaintiffs were required to prove by a preponderance of the evidence that the heater “was defective in design or manufacture; the defect rendered the product unreasonably dangerous to the consumer; the defect existed when the product left the manufacturer; and the defect was a proximate cause of the [plaintiffs’] injuries.” Endresen v. Scheels Hardware & Sports Shop, Inc., 560 N.W.2d 225, 229 (N.D.1997); see also N.D. Cent.Code § 28-01.3-06 (Supp. 1997) (“No product may be considered to have a defect or to be in a defective condition, unless at the time the product was sold by the manufacturer or other initial seller, there was a defect or defective condition in the product which made the product unreasonably dangerous to the user or consumer.”). After hearing oral argument, it is not entirely clear to us whether the plaintiffs are alleging that the heater had a design defect, a manufacturing defect, or possibly no defect at all. In any case, however, we hold that JAML should have been granted for Marley.2 The District Court abused its discretion in allowing certain opinion testimony at trial. Once that testimony is removed from consideration, the evidence properly admitted is insufficient to prove by a preponderance that the heater was defective at the time Marley sold it, much less that any purported defect rendered the heater unreasonably dangerous and proximately caused the fire that resulted in the tragic death of Bonnie Weisgram and the damage to her home. See McKnight v. Johnson Controls, Inc., 36 F.3d 1396, 1400 (8th Cir.1994) (“A motion for [JAML] presents a legal question to the district court and to this court on review: ‘whether there is sufficient evidence to support a jury verdict.’ ”) (citation to quoted case omitted). Thus Marley is entitled to judgment as a matter of law on plaintiffs’ claims.

III.

We first examine the challenged testimony. Under Federal Rule of Evidence 702, “a witness qualified as an expert by knowledge, skill, experience, training, or education” may give opinion testimony if, and to the extent, “scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.” It is the role of the district court to make certain that testimony admitted under Rule 702 “is not only relevant, but reliable.” Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); see also Wood v. Minnesota Mining & Mfg. Co., 112 F.3d 306, 309 (8th Cir.1997).3 As we explain below, por[518]

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169 F.3d 514, 51 Fed. R. Serv. 3d 76, 1999 U.S. App. LEXIS 2724, 1999 WL 86437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chad-weisgram-v-marley-company-ca8-1999.