Kinzie v. AMF Lawn & Garden, Division of AMF, Inc.

423 N.W.2d 253, 167 Mich. App. 528
CourtMichigan Court of Appeals
DecidedApril 4, 1988
DocketDocket 91478
StatusPublished
Cited by10 cases

This text of 423 N.W.2d 253 (Kinzie v. AMF Lawn & Garden, Division of AMF, Inc.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kinzie v. AMF Lawn & Garden, Division of AMF, Inc., 423 N.W.2d 253, 167 Mich. App. 528 (Mich. Ct. App. 1988).

Opinions

J. B. Sullivan, J.

This is a products liability action arising from injuries to plaintiff, Paul A. Kinzie, eighteen years old, who was injured when a lawn mower which he was riding up a ramp having a twenty-six degree incline tipped over, spilling gasoline on him. The gasoline ignited, causing severe burns to fifty percent of his body. Following trial, the jury rendered a verdict for the plaintiff in the amount of $5,000,000, reduced to $1,000,000 because plaintiff was found to be eighty percent comparatively negligent. Defendants appeal alleging that the trial court abused its discretion in permitting testimony from the plaintiff’s expert, Donald Van Kirk, the trial court improp[530]*530erly denied defendants’ motion for a directed verdict or judgment notwithstanding the verdict, the verdict was contrary to the great weight of the evidence, and the verdict was grossly excessive. We affirm.

Plaintiff claimed that the lawn mower’s dashboard fuel gauge was unreasonably dangerous because it was secured in position only by a grommet of epdm rubber (ethylene propylene dinam monomer) which plaintiff alleged swells and eventually deteriorates when it comes in contact with gasoline. Plaintiff also alleged that the fuel gauge was the likely source of the gasoline which fed the fire because improper tolerances in the blueprints for the rubber grommet connecting the gauge in the fuel tank resulted in an unnecessary gap, allowing leaks.

Defendants objected to the testimony of plaintiff’s expert, Donald Van Kirk. It is well settled that the determination of an expert witness’ qualifications is within the discretion of the trial court and will not be overturned on appeal unless it can be shown that the court abused its discretion. People v Hawthorne, 293 Mich 15, 23; 291 NW 205 (1940). MRE 702 states:

If the court determines that recognized 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.

Although an expert’s qualifications may be overshadowed by those of the opposing experts, "such a consideration goes to the weight of the evidence rather than the admissibility.” People v Whitfield, 425 Mich 116, 123-124; 388 NW2d 206 (1986). [531]*531Extensive examination with respect to Van Kirk’s qualifications revealed that he had a Bachelor of Science degree in electrical engineering as well as a Master of Science degree in engineering mechanics with training focused on bioengineering. Van Kirk had been employed by Ford Motor Company for almost two years as a product design engineer and also, by Wayne State University, where he participated in a research program involving the study and reconstruction of automobile accidents to test the tolerance of the human body in crashes and to help design safer vehicles. He studied more than 4,000 accidents, conducted fifty to sixty crash tests and has prepared papers on accident reconstruction. He also did research on automobile crashes for Ford Motor Company and, while there, was responsible for the design of a vehicle’s fuel system and helped design a fuel gauge and fuel line. He testified that in the course of his work he considered the use of epdm rubber in the fuel system, but ruled it out because it was discovered that gasoline caused it to swell, become gummy and deformed and also to become brittle and crack after it dried.

Van Kirk further testified that he reviewed thirty-seven technical articles concerning lawn mower design and accidents and read approximately one hundred blueprints pertaining to the design of the lawn mower involved in the accident. Additionally, he conducted twenty hours of tests in an attempt to reconstruct the accident with an exemplar lawn mower. Unfortunately, the lawn mower involved in the accident was destroyed and neither party was able to conduct any tests using it.

Defendants challenged Van Kirk’s qualifications in that he had never designed a lawn mower or a fuel system for one. His experience had not in[532]*532volved a riding lawn mower, nor was he familiar with the industry-wide standards governing the manufacture of lawn mowers prior to preparing for this case. He conceded that he was not a rubber expert. In ruling that Van Kirk was qualified to testify as an expert, the trial judge stated as follows:

Well, I am governed by Rule 701. It’s a two-pronged test. First I have to determine that recognized scientific, technical, or other specialized knowledge will assist the trier of fact either to understand the evidence, or to determine the fact in issue. I think it’s pretty clear that in this case it could be helpful to the jury to have expert testimony about what happened and why. The second matter for me to consider is whether he is a witness qualified as an expert by knowledge, skill, experience, training or education. Well, he is certainly with respect to some of the things that would be of assistance to the trier — to the jury to understand the evidence, and to determine what happened, and he has some limited knowledge that’s greater than the jury’s as the result of his study for this particular case concerning the materials that went into the fuel gauge and gas tank and the cap, and I am going to let him testify and leave it up to the jury what weight they are going to give his opinion on the matters where he has the least competence.

In later reaffirming his ruling in response to defendants’ motion for judgment notwithstanding the verdict, the judge went on to say:

Was it error to permit plaintiffs expert to testify? As I said earlier, I think the expert was qualified, but barely.

At trial, Van Kirk testified that, in his opinion, the gasoline which caused plaintiffs burns came at [533]*533least in part from leakage around the fuel gauge caused by the deterioration of the epdm rubber. He stated that safer designs were available for a gauge such as a screw-on dashboard gauge or a gauge-in-fuel-cap design. He also testified that a nonvented gas cap was safer in the event of a rollover accident.

Our Supreme Court has held that "[t]he critical inquiry with regard to expert testimony is whether such testimony will aid the factfinder in making the ultimate decision in the case.” People v Smith, 425 Mich 98, 105; 387 NW2d 814 (1986). Here, the testimony was beyond the lay person’s range of knowledge and, therefore, helpful to the jury and properly admitted. Although Van Kirk’s qualifications may have appeared inferior when compared with those of the experts offered by defendants, this alone does not serve to disqualify him. The qualifications of the opposing experts go to the weight to be given to their testimony, not the admissibility. Therefore, the testimony was properly admitted.

The trial court denied defendants’ motion for directed verdict or judgment notwithstanding the verdict. When faced with such motions, the court must view the evidence in the light most favorable to the plaintiff and determine whether a prima facie case has been established. Matras v Amoco Oil Co, 424 Mich 675, 681; 385 NW2d 586 (1986).

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Kinzie v. AMF Lawn & Garden, Division of AMF, Inc.
423 N.W.2d 253 (Michigan Court of Appeals, 1988)

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Bluebook (online)
423 N.W.2d 253, 167 Mich. App. 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinzie-v-amf-lawn-garden-division-of-amf-inc-michctapp-1988.