Cooper Tire & Rubber Co. v. Mendez

204 S.W.3d 797, 49 Tex. Sup. Ct. J. 751, 2006 Tex. LEXIS 555, 2006 WL 1652234
CourtTexas Supreme Court
DecidedJune 16, 2006
Docket04-1039
StatusPublished
Cited by241 cases

This text of 204 S.W.3d 797 (Cooper Tire & Rubber Co. v. Mendez) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cooper Tire & Rubber Co. v. Mendez, 204 S.W.3d 797, 49 Tex. Sup. Ct. J. 751, 2006 Tex. LEXIS 555, 2006 WL 1652234 (Tex. 2006).

Opinion

Justice WILLETT

delivered the opinion of the Court.

In this products liability case, we hold that plaintiffs’ expert testimony was legally insufficient to establish a manufacturing defect, and accordingly reverse and render judgment in favor of petitioner Cooper Tire & Rubber Company.

I. Background

In June 1997, Oscar Mendez was driving a Mazda minivan carrying six passengers down Interstate 25 in New Mexico. The left rear tire, a steel-belted radial tire manufactured by Cooper Tire, lost its tread. Mendez lost control of the vehicle, and it rolled several times, ejecting all six passengers. Mendez, the only occupant wearing a seat belt, was not ejected. Four of the passengers died at the scene or shortly thereafter. When the tire was examined a nail hole was found in the tread. The nail had penetrated completely through the tire.

Mendez and the survivors and estate administrators of three of those killed in the accident were plaintiffs below. They sued Cooper Tire and proceeded to trial on the theory that the tire tread separated due to a manufacturing defect, and the tread separation in turn caused the rollover and the resulting deaths and injuries. The jury found a manufacturing defect and awarded over $11 million in damages. The trial court entered judgment on this verdict. The court of appeals affirmed. 155 S.W.3d 382.

II. Discussion

Cooper Tire argues that the evidence of a manufacturing defect was legally insufficient to support the judgment. We agree.

*800 A. Expert Testimony and Proof of Manufacturing Defect

In products liability cases, we have recognized three types of defect: marketing, design, and manufacturing. Am. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 426 (Tex.1997). “A manufacturing defect exists when a product deviates, in its construction or quality, from the specifications or planned output in a manner that renders it unreasonably dangerous.” Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 600 (Tex.2004). “A plaintiff must prove that the product was defective when it left the hands of the manufacturer and that the defect was a producing cause of the plaintiffs injuries.” Id.

To establish proof of a manufacturing defect that caused the tread separation, plaintiffs relied on the expert testimony of Richard Grogan, and to a lesser extent on the expert testimony of Alan Milner and Jon Crate. 1 The theory presented by this trio was that the tire failed because the “skim stock” was contaminated with hydrocarbon wax at the plant where it was manufactured, causing the belts to separate. “Skim stock is a specially formulated rubber compound that coats the steel belts in a steel-belted radial tire and through vulcanization holds them together.” In re Bridgestone/Firestone, Inc., 106 S.W.3d 730, 731 (Tex.2003). Cooper Tire complains that the testimony of all three experts was inadmissible.

“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.” TEX. R. EVID. 702.

Expert testimony is admissible if (1) the expert is qualified, and (2) the testimony is relevant and based on a reliable foundation. Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 499 (Tex.2001); E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 556 (Tex.1995). “If the expert’s scientific evidence is not rehable, it is not evidence.” Merrell Dow Pharm., Inc. v. Havner, 953 S.W.2d 706, 713 (1997). The trial court’s determination that these requirements are met is reviewed for abuse of discretion. Wilkins, 47 S.W.3d at 499. “The test for abuse of discretion is whether the trial court acted without reference to any guiding rules or principles.” Robinson, 923 S.W.2d at 558. Admission of expert testimony that does not meet the reliability requirement is an abuse of discretion. Guadalupe-Bianco River Auth. v. Kraft, 77 S.W.3d 805, 810 (Tex.2002).

In deciding whether an expert is qualified, the trial court must “ensur[e] that those who purport to be experts truly have expertise concerning the actual subject about which they are offering an opinion.” Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 719 (Tex.1998) (quoting Broders v. Heise, 924 S.W.2d 148, 152 (Tex.1996)). Scientific testimony is unreliable if it is not grounded “in the methods and procedures of science,” and amounts to no more than a “subjective belief or unsupported speculation.” Robinson, 923 S.W.2d at 557 (quoting Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 590, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993)). We have also recognized that expert testimony is unreliable if “there is simply too great an analytical gap between the data and the opinion proffered.” Gammill, 972 S.W.2d at 727 (quoting Gen. Elec. Co. v. Joiner, 522 U.S. 136, 146, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997)). “We *801 are not required ... to ignore fatal gaps in an expert’s analysis or assertions that are simply incorrect.” Volkswagen of Am., Inc. v. Ramirez, 159 S.W.3d 897, 912 (Tex. 2004). “A flaw in the expert’s reasoning from the data may render reliance on a study unreasonable and render the inferences drawn therefrom dubious. Under that circumstance, the expert’s scientific testimony is unreliable and, legally, no evidence.” Hav ner, 953 S.W.2d at 714.

In Robinson, we identified six factors that trial courts may consider in determining whether expert testimony is reliable:

1. the extent to which the theory has been or can be tested;
2. the extent to which the technique relies upon the subjective interpretation of the expert;
3. whether the theory has been subjected to peer review and/or publication;

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204 S.W.3d 797, 49 Tex. Sup. Ct. J. 751, 2006 Tex. LEXIS 555, 2006 WL 1652234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-tire-rubber-co-v-mendez-tex-2006.