CNH AMERICA LLC v. Smith

704 S.E.2d 372, 281 Va. 60, 2011 Va. LEXIS 15
CourtSupreme Court of Virginia
DecidedJanuary 13, 2011
Docket091991
StatusPublished
Cited by12 cases

This text of 704 S.E.2d 372 (CNH AMERICA LLC v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CNH AMERICA LLC v. Smith, 704 S.E.2d 372, 281 Va. 60, 2011 Va. LEXIS 15 (Va. 2011).

Opinion

704 S.E.2d 372 (2011)

CNH AMERICA LLC
v.
Fred N. SMITH.

Record No. 091991.

Supreme Court of Virginia.

January 13, 2011.

*373 Brickford Y. Brown (C. Dewayne Lonas; Brian J. Schneider; Moran Brown, Richmond, on briefs), for appellant.

L. Steven Emmert, Virginia Beach (Jeffrey M. Summers; Sykes, Bourbon, Ahern & Levy, on brief), for appellee.

Present: KOONTZ, KINSER, LEMONS, and MIMS, JJ., and RUSSELL and LACY, S.JJ.

Opinion by Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred in admitting into evidence the opinion testimony of the plaintiff's two expert witnesses. For the reasons stated below, we will reverse the judgment of the trial court and remand for further proceedings.

I. Facts and Proceedings Below

On October 12, 2002, Fred N. Smith ("Smith"), a then 72-year-old farmer, was severely injured when a hose on his newly-purchased New Holland 616 disc mower ("the mower") exploded and injected burning hydraulic fluid into his hand. Smith had purchased the mower from Lebanon Equipment Co., Inc. ("Lebanon"), an agricultural equipment dealer, approximately two months before the accident.

On the day of the accident, one of Smith's sons had difficulty operating the mower and called for Smith's assistance. As Smith approached the tractor, he "heard a bang, like a.22 had went off." Smith could not remember what happened, but he found himself lying on the ground with his hand burning. Smith was taken to the hospital, where doctors determined that his injuries were caused by the injection of hydraulic fluid into his right hand. The injuries required five surgical operations, including the partial amputation of the middle finger on his right hand. Smith's medical bills totaled approximately $79,000.

Smith filed a civil action against New Holland North America, Inc. ("New Holland") and Lebanon containing five counts: (I) negligence against New Holland; (II) strict liability against New Holland; (III) failure to warn against New Holland; (IV) negligence against Lebanon; and (V) breach of express and/or implied warranty against both New Holland and Lebanon. CNH America, LLC ("CNH") responded in place of New Holland to Smith's motion for judgment with a demurrer and grounds of defense, claiming that CNH had been "improperly named as New Holland."[*] Subsequently, Lebanon was dismissed from the action and Counts II and III were struck, leaving only Counts I and V for negligence and breach of warranty against CNH.

Before trial, CNH moved to exclude Smith's two liability experts. CNH sought to exclude Smith's hose expert, Steven D. Haubert ("Haubert"), asserting that his opinions were inadmissible because they lacked adequate foundation or basis in fact. CNH also sought to exclude Dennis L. Heninger ("Heninger"), Smith's hydraulics systems expert, arguing that Heninger was not qualified to offer opinion testimony and his opinions lacked adequate foundation or basis in fact. The trial court denied CNH's motions and permitted Haubert and Heninger to testify.

At trial, Smith asserted that the mower's hose had a manufacturing defect in its internal wire braiding, which caused the hose to curl under pressure. Smith argued that this curled, pressurized hose became pinched in a gap caused by a design defect in the mower. In combination, Smith asserted that the manufacturing defect in the hose and the design defect in the mower caused the hose to rupture. Smith conceded that he needed the expert testimony of both Haubert and Heninger to prove his case, stating:

Heninger gives us the gap and the pinching. Haubert gives us the initial weakness in the hose which causes the torquing. Taken together, it explains how this accident occurred.

*374 Smith also specifically admitted that "if [the court] were to exclude Heninger in particular... we don't have a case."

Haubert, an engineering manager for a window company, testified that the hose had a manufacturing defect called "tight carrier" that caused the hose to curl under pressure. Haubert had previous experience working for hose manufacturers, but he had never before been qualified as a hose expert. Haubert explained that there were three methods he could have used to determine the cause of the defect: he could pressurize the hose in order to see how it responds; he could peel back the outer layer of the hose to examine the internal wire braiding; and he could x-ray the hose to see the internal braiding. However, Haubert admitted that he did not perform any of these tests that may reveal the presence or absence of a "tight carrier" defect.

Additionally, Haubert testified that he used a borescope, a tubular viewing device used to inspect the inside of cylindrical objects, Webster's Third New International Dictionary 256 (1993), to inspect the inside of the hose, but he saw no evidence of a "tight carrier" defect. Even though he admitted that he saw no evidence of a defect in the hose, Haubert testified that it was still his opinion that the hose was defective because it "failed young."

Smith offered Heninger to testify about the hydraulic system of the mower. During voir dire examination on qualifications, Heninger admitted that his experience with hydraulic systems was limited to the mining industry and that he was not an expert in the hydraulic system of this particular type of hay mower or agricultural equipment generally. Based on his lack of expertise for hydraulic systems in hay mowers, CNH moved to exclude his testimony as an expert witness. The trial court denied CNH's motion but restricted Heninger's testimony to general "hydraulic hose matters." The trial court stated that Heninger was to be limited to testifying about hydraulic systems generally and could not give his opinion regarding this particular mower, but rather only "generally, with respect to a machine of any sort that has a hydraulic system." The trial court further stated that Heninger could "testify in general now, not specifically."

Nonetheless, Heninger testified about the specific cause of this hose's rupture, opining that the hose became trapped in a "pinch point" in a gap caused by a design defect in the mower. Heninger stated,

My purpose for—in being here ... is to be a witness and to offer my opinion on what caused the hose to fail.
And in my opinion, the lack of those restraints and that design caused that hose to be pinched.

(Emphasis added.) Heninger offered alternative designs for this particular mower and concluded that the design defect could be remedied by adding a bracket over the gap that would prevent the hose from becoming pinched. He opined that the "gap and [the] lack of restraint on that hose is a safety hazard."

On cross-examination, Heninger admitted that he would never make such recommendations without determining whether the design changes would affect the function or safety of the machine, and he could not state whether these changes would be feasible, effective, or create other safety issues. He conceded that the design change "wouldn't be [his] recommendation, because [he had not] done the analysis that would be necessary to make that recommendation." Finally, Heninger admitted that he was "not a hose expert" and never examined or tested the hose, stating, "I don't know anything about the hose ... I've done no examination of the hose."

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Cite This Page — Counsel Stack

Bluebook (online)
704 S.E.2d 372, 281 Va. 60, 2011 Va. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cnh-america-llc-v-smith-va-2011.