Johnson v. American Honda Motor Co.

923 F. Supp. 2d 1269, 2013 WL 543347, 2013 U.S. Dist. LEXIS 53755
CourtDistrict Court, D. Montana
DecidedJanuary 31, 2013
DocketNo. CV 10-126-M-JCL
StatusPublished
Cited by4 cases

This text of 923 F. Supp. 2d 1269 (Johnson v. American Honda Motor Co.) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. American Honda Motor Co., 923 F. Supp. 2d 1269, 2013 WL 543347, 2013 U.S. Dist. LEXIS 53755 (D. Mont. 2013).

Opinion

ORDER

JEREMIAH C. LYNCH, United States Magistrate Judge.

This products liability action comes before the Court on Defendant American Honda Motor Company, Inc.’s (“Honda”) post-trial motions to strike expert testimony, for judgment as a matter of law, and for dispositive spoliation sanctions. For the reasons set forth below, Honda’s motions to strike expert testimony and for judgment as a matter of law are properly granted.

I. Background1

In March 2007, Plaintiff Johnson purchased a four-wheeled, all-terrain vehicle (“ATV”) that had been manufactured, assembled, and designed by Honda. A few months later, Johnson was driving the ATV on a maintained forest road when he failed to negotiate a right-hand turn and crashed.

Johnson commenced this action against Honda in June 2010, alleging claims for strict products liability based on design and manufacturing defects, negligence, and breach of express warranty. Johnson subsequently amended his complaint to withdraw his negligence claim, and the Court dismissed his design defect claim on summary judgment.

A jury trial on Johnson’s manufacturing defect and breach of express warranty claims began on October 22, 2012, and lasted for seven days. The Court dismissed Johnson’s breach of express warranty claim before instructing the jury on October 31, 2012. The jury deliberated for the better part of five days on Johnson’s sole remaining, manufacturing defect claim, but was unable to reach a verdict. The Court released the jurors without a verdict on November 6, 2012.

Consistent with the discussion had in open court that day, Honda has since moved to strike the trial testimony of Johnson’s expert witness, and filed renewed motions for judgment as a matter of law and for sanctions based on the spoliation of evidence. Because it presents a case-dispositive threshold issue, the Court begins with Honda’s motion to strike expert testimony.

II. Motion to Strike Expert Testimony

Johnson’s liability expert, mechanical engineer Robb Larson, ultimately testified that a manufacturing defect — improper assembly of the ATV’s right front axle shaft and constant velocity joint (“CV joint”)— caused the ATV to exhibit a “difficult and unpredictable steering response.” Dkt. 243-2, at 61. Honda now moves to strike Larson’s testimony in its entirety or, alternatively, in its individual parts on the ground that it failed to meet the requirements of Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).2

[1272]*1272Rule 702, which governs the use of expert testimony at trial, provides as follows:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or 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, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case. Fed.R.Evid. 702.

For expert testimony to be admissible under Rule 702, it must satisfy three basic requirements: (1) the expert witness must be qualified; (2) the testimony must be reliable, and; (3) the testimony must be relevant. Daubert, 509 U.S. at 589-91, 113 S.Ct. 2786. The trial court is charged with acting as the “gatekeeper” for purposes of ensuring that these criteria are met. Daubert, 509 U.S. at 589, 113 S.Ct. 2786. As the proponent of Larson’s testimony, Johnson bears the burden of establishing by a preponderance of the evidence that the requirements for admissibility have been satisfied. Lust v. Merrell Dow Pharmaceuticals, Inc., 89 F.3d 594, 598 (9th Cir.1996).

Honda maintains that Johnson has not met that burden here and challenges Larson’s testimony on all three fronts. First, Honda argues that Larson’s general expertise in the area of mechanical engineering did not qualify him to offer expert testimony regarding ATV operation, handling, and manufacturing, metallurgy, and forensic investigation. Second, Honda maintains that Larson’s testimony was not reliable because he never tested or objectively validated his theory that improper assembly of the ATV’s right front axle shaft and CV joint would have caused a difficult steering response. Finally, Honda maintains that Larson’s opinion was irrelevant because the difficult steering response he described was unlike the steering problem Johnson claimed to have experienced on the day of the accident — both earlier and at the precise time of the crash.

A. Reliability

Assuming for present purposes that Larson was properly qualified to testify as he did, the first question presented is whether Larson’s testimony should nonetheless be stricken because it was not sufficiently reliable.

Assessing reliability requires a court to consider whether the expert’s testimony reflected “scientific knowledge,” whether his findings were “derived by the scientific method,” and whether his work product was “good science.” Pooshs v. Phillip Morris USA, Inc., 287 F.R.D. 543, 546 (N.D.Cal.2012) (quoting Daubert, 509 U.S. at 590 & n. 9, 593, 113 S.Ct. 2786). In making this inquiry, the court focuses not on “ ‘the correctness of the expert’s conclusions but [on] the soundness of his methodology ...’” Barabin v. AstenJohnson, Inc., 700 F.3d 428, 431 (9th Cir.2012) (quoting Primiano v. Cook, 598 F.3d 558, 564 (9th Cir.2010)). In other words, the evidentiary reliability of expert testimony is based on its scientific validity. Barabin, 700 F.3d at 432 (quoting Daubert, 509 U.S. at 590 n. 9, 113 S.Ct. 2786). “An expert’s testimony must be grounded in the methods and procedures of science, and must be more than unsupported speculation or subjective belief.” U.S. v. W.R. Grace, 455 F.Supp.2d 1181,1187 (D.Mont.2006) (citing Daubert, 509 U.S. 579, 113 S.Ct. 2786). Ultimately, then, the “court is charged [1273]*1273with determining whether the proffered expert testimony is trustworthy.” Barnbin, 700 F.3d at 432.

Under Rule 702, a court evaluating the reliability of expert testimony must consider whether: (1) the testimony was based on sufficient facts or data, (2) the testimony was the product of reliable principles and methods, and (3) the witness applied those principles and methods reliably to the facts of the case. Fed.R.Evid. 702.

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923 F. Supp. 2d 1269, 2013 WL 543347, 2013 U.S. Dist. LEXIS 53755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-american-honda-motor-co-mtd-2013.