Holly Ingram Monks, Clifford McGee Mark McCall and Christopher Tinter v. General Electric Company and Arkwin Industries, Inc.

919 F.2d 1189, 31 Fed. R. Serv. 932, 19 Fed. R. Serv. 3d 1519, 1990 U.S. App. LEXIS 20860, 1990 WL 188800
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 3, 1990
Docket89-6374
StatusPublished
Cited by44 cases

This text of 919 F.2d 1189 (Holly Ingram Monks, Clifford McGee Mark McCall and Christopher Tinter v. General Electric Company and Arkwin Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holly Ingram Monks, Clifford McGee Mark McCall and Christopher Tinter v. General Electric Company and Arkwin Industries, Inc., 919 F.2d 1189, 31 Fed. R. Serv. 932, 19 Fed. R. Serv. 3d 1519, 1990 U.S. App. LEXIS 20860, 1990 WL 188800 (6th Cir. 1990).

Opinion

NATHANIEL R. JONES, Circuit Judge.

This is a products liability action by military personnel injured in a helicopter crash against the manufacturers of the helicopter's engine. Although we find that the district court erred in not allowing plaintiffs to present their affidavit testimony, we nevertheless affirm the district court’s grant of summary judgment in favor of defendants.

I

Plaintiff-appellants Holly Ingram Monks, Clifford McGee, Mark McCall, and Christopher Tinter (“plaintiffs”) were members of the United States Army stationed at Fort Campbell, Kentucky. On February 26, 1985, plaintiffs were performing an authorized training maneuver in a Sikorsky Black Hawk helicopter when the helicopter developed engine trouble and crashed in Tennessee. All four plaintiffs were injured in the crash.

On February 11,1986, plaintiffs filed this diversity suit in the United States District Court for the Middle District of Tennessee against General Electric Corporation (“GE”), Arkwin Industries, Inc. (“Ar-kwin”), and United Technologies Corpora *1191 tion. 1 GE was the manufacturer of the helicopter’s engine. The engine included a “fuel sequence valve” and an “electronic control unit”, both of which were manufactured by Arkwin. Plaintiffs allege that the fuel sequence valve and the electronic control unit were unreasonably dangerous and defective under Tennessee products liability law.

In October 1986, GE produced documents relating to the component parts, and plaintiffs deposed three GE employees. The case was placed on the retired docket on May 18, 1987, pending the decision of the United States Supreme Court in Boyle v. United Technologies Corp., 487 U.S. 500, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988). Boyle held that the government contractor defense protects manufacturers of defectively designed equipment if (1) the government approved the specifications, (2) the equipment conformed to the specifications, and (3) the manufacturer warned the government about dangers that were known to the manufacturer but not the government. Id. 108 S.Ct. at 2518. This case was reinstated on the active docket on July 13, 1988.

GE and Arkwin moved for summary judgment on August 29, 1988, on two grounds: first, the government contractor defense as set forth in Boyle, and second, the insufficiency of plaintiffs’ evidence. The defendants submitted affidavits from two GE employees and one Arkwin employee. These affidavits sought to establish that the engine was developed in response to a U.S. Army proposal which contained detailed specifications, that the Army was involved in all stages of the engine’s development, and that the engine “complied with all terms of the contract, including the design and testing specifications of the United States Army.” J.App. at 45.

In response to defendants’ summary judgment motion, plaintiffs submitted an affidavit from Matthew Ellis, a former head of the Aircraft Safety Investigations Department of United Technologies’ Sikorsky Aircraft Division. The relevant portion of Ellis’ affidavit states:

6. In investigating this accident, I have reviewed the depositions of General Electric personnel and analyzed other data obtained from the United States Government under the Freedom of Information Act. The review included the United States Army official report of the investigation. Additional reviews of historical data of all UH60 aircraft were conducted.
7. It is my opinion that the accident was caused by starvation of fuel to both engines that resulted in the loss of power (sufficient to sustain flight) and made the aircraft non-flyable. Based on information provided, it is apparent that the primary cause of this accident was a malfunction of the fuel systems, brought about by manufacturing defects of the sequencing valve and/or variation from published specifications. The mechanical linkage from the pilot station to the engines were examined by experts from the U.S. Army and Sikorsky aircraft, and no faults were noted in the linkage and/or the position of the controls. Later evaluation by the United States Army resulted in a discovery of an intermittent failure in the sequence valve, and revealed facts that supported the premise that the aircraft experienced a dual engine shutdown during flight.

J.App. at 91. Based on the Ellis affidavit, plaintiffs filed an amended response to the summary judgment motion arguing that an issue of material fact existed as to whether the engine and its component parts conformed to contract specifications. On February 1, 1989, GE moved to strike the Ellis affidavit on the grounds that the affidavit did not “set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(c). On July 27, 1989, the Magistrate entered his Report and Recommendation in which he recommended that the Ellis affidavit be stricken because Ellis, as an expert witness, did not reveal the bases of his opinion, in violation *1192 of Fed.R.Evid. 703. The Magistrate then recommended that defendants’ summary judgment motion be granted, and also concluded that GE and Arkwin were entitled to the government contractor defense. On September 26, 1989, Judge John T. Nixon adopted the Magistrate’s report in its entirety and granted defendants’ motion for summary judgment. This timely appeal followed.

II

A

Our review of the district court’s grant of summary judgment is de novo. The proper inquiry on appeal from a grant of summary judgment is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, 477 U.S. 242, 251-52, 106 S.Ct. 2505, 2511-12, 91 L.Ed.2d 202 (1986).

We first address plaintiffs’ argument that the district court erred in finding the Ellis affidavit inadmissible under Fed.R. Evid. 703. Rule 703 states, in full, that:

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

The Magistrate relied on the reasoning of the D.C. Circuit in Merit Motors v. Chrysler Corp., 569 F.2d 666, 673 (D.C.Cir.1977), which held that Rule 703 does not prevent a court from granting summary judgment even when the non-moving party produces an expert’s affidavit to support its position.

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919 F.2d 1189, 31 Fed. R. Serv. 932, 19 Fed. R. Serv. 3d 1519, 1990 U.S. App. LEXIS 20860, 1990 WL 188800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holly-ingram-monks-clifford-mcgee-mark-mccall-and-christopher-tinter-v-ca6-1990.