James L. Johnson v. Ford Motor Company and Ford Motor Company of Canada, Ltd.

988 F.2d 573, 38 Fed. R. Serv. 791, 1993 U.S. App. LEXIS 8177, 1993 WL 95606
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 19, 1993
Docket92-7047
StatusPublished
Cited by78 cases

This text of 988 F.2d 573 (James L. Johnson v. Ford Motor Company and Ford Motor Company of Canada, Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James L. Johnson v. Ford Motor Company and Ford Motor Company of Canada, Ltd., 988 F.2d 573, 38 Fed. R. Serv. 791, 1993 U.S. App. LEXIS 8177, 1993 WL 95606 (5th Cir. 1993).

Opinion

PER CURIAM:

Nanci Darlene Johnson died in an automobile accident on November 25, 1985 while driving her 1983V2 model Ford Escort. In May 1990, James L. Johnson, the father of the deceased, brought this action against Ford Motor Company and Ford Motor Company of Canada, asserting that his daughter’s Escort was defective and unreasonably dangerous and that this resulted in her death. The case was tried before a jury, which found that the Escort was not defective and unreasonably dangerous, and that Ford was not negligent. The district court entered judgment accordingly, and Johnson now appeals from that judgment, alleging several evidentiary errors and challenging a remark made by Ford’s counsel during its closing argument. Finding no error, we affirm.

I. BACKGROUND

In November 1985, Nanci Darlene Johnson (“Darlene”) was driving her Ford Escort under rainy conditions on a two-lane highway running through Mississippi. The 1983V2 Escort was manufactured in June 1983, and it had been driven approximately 24,000 miles at the time of the accident. The vehicle’s front tires had a reasonable amount of tread remaining on them, but the back tires were nearly slick. For whatever reason, Darlene lost control of the car, spun into the other lane, and collided with a pickup truck driven by Kathyleen Sam-mons. Darlene was killed instantly.

A. Spoliation of the Evidence

After the accident in November 1985, the Escort was moved numerous times and stored under various conditions: first, the vehicle was towed to a garage where it was stored for a few months; it was then moved to another location, and stored in a building for one month; the vehicle was then moved again, this time to a body shop where it was inspected and photographed; and the vehicle was then transported to a house, where it was stored outside and on grass for approximately two years. During the time it was stored outside and on grass, the Escort was examined again; the wheel cylinders were removed from all four wheels, and more photographs were taken. In May 1988, the car was towed ten miles to another house and, three months later, it was moved yet again to a location where it was stored in a shed with a sand floor. Apparently no attempts were made to protect any parts of the car during this series of moves and periods of storage. Finally, the Escort was transported to Ohio, where experts examined and photographed the “C.V. joint assembly,” and then thoroughly cleaned and degreased the parts, removing all of the allegedly contaminating debris.

B. Proceedings

James L. Johnson, the father of Darlene Johnson, brought this action against the Ford Motor Company and Ford Motor Company of Canada, Ltd. (together “Ford”) some five years after his daughter’s accident. Before trial, Ford moved for summary judgment, arguing that key evidence had been altered or destroyed by the repeated moving and outside storage of the car, and by the cleaning of contaminants from its parts. Johnson argued that, because he had not yet filed his lawsuit, he was not required to preserve the contaminants. Although the district court denied Ford’s motion, it allowed Ford the opportunity to argue spoilation to the jury at trial.

*577 The ease proceeded to trial on December 2, 1991. During the course of trial, Johnson produced eleven witnesses, and more than one hundred of his exhibits were received into evidence. Johnson’s theory at trial was that a flexible rubber boot covering a “left inboard C.V. joint” on the front of the Escort was torn prior to Darlene’s accident, thereby allowing microscopic debris to contaminate the joint. According to Johnson, this contamination of the joint made it seize and act like a brake on the left front wheel, and caused Darlene’s car to pivot around that wheel and into the path of the oncoming pickup truck.

Plaintiff’s expert, Larry Bihlmeyer, a former Ford engineer, theorized that the C.V. joint assembly had numerous design and manufacturing defects. Specifically, he asserted that: a “boot” component of this assembly had two design and two manufacturing defects; a retainer inside the boot had four design defects; and the clamp holding the boot had two design defects and a manufacturing defect. Bihl-meyer also cited seven alleged defects in the “halfshaft assembly” 1 based on the theory that a sharp screw cut the boot while the car was being assembled. According to Bihlmeyer, there was inadequate clearance between the retainer and the boot, and, because the material used to manufacture the boot was too thin, it tore too easily. Bihlmeyer substantiated this testimony by introducing an exhibit which showed that Ford had received numerous warranty claims involving split or torn boots and contaminated C.V. joints on another line of its cars. Finally, according to Bihlmeyer, the complexity of having one boot fit several different C.V. joints constitutes a design defect.

In response, Ford freely admitted that the inboard C.V. joint boots can get torn, and that, as a result, contaminants may enter the joint. Ford also admitted that the stamped metal retainer used on Darlene’s Escort could cut the boot and that, in its owner’s manuals, Ford actually told its customers that they should inspect the C.V. joint boots periodically for signs of leakage and splitting. However, Ford contended that the C.V. joint on Darlene’s Escort was contaminated during or after the accident. Ford also contended that contamination of the C.V. joint could not result in the joint seizing and creating a loss of steering control, and that the worst thing that could result from contamination of the inboard C.V. joint would be some vibration, clanking, and noise. According to Ford, Darlene’s accident must have been caused by road conditions and driver error.

The case was submitted to a jury on theories of strict liability and negligent design and manufacture. After two hours of deliberation, the jury unanimously found that the Escort was neither defective nor unreasonably dangerous, and that it was not negligently designed or manufactured. Rather than moving for a new trial, Johnson directly appealed to this court.

II. DISCUSSION

Johnson raises two categories of error on appeal. First, he asserts that the district court abused its discretion in refusing to admit several documents into evidence. Second, Johnson contends that the district court abused its discretion by overruling his objection to remarks made in Ford’s closing argument concerning Johnson’s alleged failure to produce any evidence that the C.V. joint assembly had ever caused an accident resulting in personal injury.

A. Evidentiary Rulings

Johnson raises a number of challenges to the district court’s evidentiary rulings, most of which were made pursuant to Rule 403 of the Federal Rules of Evidence. Rule 403 provides that:

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Bluebook (online)
988 F.2d 573, 38 Fed. R. Serv. 791, 1993 U.S. App. LEXIS 8177, 1993 WL 95606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-l-johnson-v-ford-motor-company-and-ford-motor-company-of-canada-ca5-1993.