Kumho Tire Co. v. Carmichael

526 U.S. 137, 119 S. Ct. 1167, 143 L. Ed. 2d 238, 1999 U.S. LEXIS 2189
CourtSupreme Court of the United States
DecidedMarch 23, 1999
Docket97-1709
StatusPublished
Cited by8,437 cases

This text of 526 U.S. 137 (Kumho Tire Co. v. Carmichael) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S. Ct. 1167, 143 L. Ed. 2d 238, 1999 U.S. LEXIS 2189 (1999).

Opinions

[141]*141Justice Breyer

delivered the opinion of the Court.

In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993), this Court focused upon the admissibility of scientific expert testimony. It pointed out that such testimony is admissible only if it is both relevant and reliable. And it held that the Federal Rules of Evidence “assign to the trial judge the task of ensuring that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.” Id., at 597. The Court also discussed certain more specific factors, such as testing, peer review, error rates, and “acceptability” in the relevant scientific community, some or all of which might prove helpful in determining the reliability of a particular scientific “theory or technique.” Id., at 593-594.

This case requires us to decide how Daubert applies to the testimony of engineers and other experts who are not scientists. We conclude that Dauberfs general holding— setting forth the trial judge’s general “gatekeeping” obligation — applies not only to testimony based on “scientific” knowledge, but also to testimony based on “technical” and “other specialized” knowledge. See Fed. Rule Evid. 702. We also conclude that a trial court may consider one or more of the more specific factors that Daubert mentioned when doing so will help determine that testimony’s reliability. But, as the Court stated in Daubert, the test of reliability is “flexible,” and Dauberfs list of specific factors neither necessarily nor exclusively applies to all experts or in every case. [142]*142Rather, the law grants a district court the same broad latitude when it decides how to determine reliability as it enjoys in respect to its ultimate reliability determination. See General Electric Co. v. Joiner, 522 U. S. 136, 143 (1997) (courts of appeals are to apply “abuse of discretion” standard when reviewing district court’s reliability determination). Applying these standards, we determine that the District Court’s decision in this case — not to admit certain expert testimony — was within its discretion and therefore lawful.

H

On July 6,1993, the right rear tire of a minivan driven by Patrick Carmichael blew out. In the accident that followed, one of the passengers died, and others were severely injured. In October 1993, the Carmichaels brought this diversity suit against the tire’s maker and its distributor, whom we refer to collectively as Kumho Tire, claiming that the tire was defective. The plaintiffs rested their case in significant part upon deposition testimony provided by an expert in tire failure analysis, Dennis Carlson, Jr., who intended to testify in support of their conclusion.

Carlson’s upon technology that are not in dispute. A steel-belted radial tire like the Carmichaels’ is made up of a “carcass” containing many layers of flexible cords, called “plies,” along which (between the cords and the outer tread) are laid steel strips called “belts.” Steel wire loops, called “beads,” hold the cords together at the plies’ bottom edges. An outer layer, called the “tread,” encases the carcass, and the entire tire is bound together in rubber, through the application of heat and various chemicals. See generally, e. g., J. Dixon, Tires, Suspension and Handling 68-72 (2d ed. 1996). The bead of the tire sits upon a “bead seat,” which is part of the wheel assembly. That assembly contains a “rim flange,” which extends over the bead and rests against the side of the [143]*143tire. See M. Mavrigian, Performance Wheels & Tires 81,83 (1998) (illustrations).

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Carlson’s testimony also accepted certain background facts about the tire in question. He assumed that before the blowout the tire had traveled far. (The tire was made in 1988 and had been installed some time before the Carmi-chaels bought the used minivan in March 1993; the Carmi-chaels had driven the van approximately 7,000 additional miles in the two months they had owned it.) Carlson noted that the tire’s tread depth, which was % of an inch when new, App. 242, had been worn down to depths that ranged from %2 of an inch along some parts of the tire, to nothing at all along others. Id., at 287. He conceded that the tire tread had at least two punctures which had been inadequately repaired. Id., at 258-261, 322.

Despite the tire’s age and history, Carlson concluded that a defect in its manufacture or design caused the blowout. He rested this conclusion in part upon three premises which, [144]*144for present purposes, we must assume are not in dispute: First, a tire’s carcass should stay bound to the inner side of the tread for a significant period of time after its tread depth has worn away. Id., at 208-209. Second, the tread of the tire at issue had separated from its inner steel-belted carcass prior to thé accident. Id., at 336. Third, this “separation” caused the blowout. Ibid.

Carlson’s conclusion that a defect caused the separation, however, rested upon certain other propositions, several of which the defendants strongly dispute. First, Carlson said that if a separation is not caused by a certain kind of tire misuse called “overdeflection” (which consists of underinflat-ing the tire or causing it to carry too much weight, thereby generating heat that can undo the chemical tread/carcass bond), then, ordinarily, its cause is a tire defect. Id., at 193-195, 277-278. Second, he said that if a tire has been subject to sufficient overdeflection to cause a separation, it should reveal certain physical symptoms. These symptoms include (a) tread wear on the tire’s shoulder that is greater than the tread wear along the tire’s center, id., at 211; (b) signs of a “bead groove,” where the beads have been pushed too hard against the bead seat on the inside of the tire’s rim, id., at 196-197; (e) sidewalls of the tire with physical signs of deterioration, such as discoloration, id., at 212; and/or (d) marks on the tire’s rim flange, id., at 219-220. Third, Carlson said that where he does not find at least two of the four physical signs just mentioned (and presumably where there is no reason to suspect a less common cause of separation), he concludes that a manufacturing or design defect caused the separation. Id., at 223-224.

Carlson added that he had inspected the tire in question. He conceded that the tire to a limited degree showed greater wear on the shoulder than in the center, some signs of “bead groove,” some discoloration, a few marks on the rim flange, and inadequately filled puncture holes (which can also cause heat that might lead to separation). Id., at 256-257, 258-[145]*145261, 277, 303-304, 308. But, in each instance, he testified that the symptoms were not significant, and he explained why he believed that they did not reveal overdeflection. For example, the extra shoulder wear, he said, appeared primarily on one shoulder, whereas an overdeflected tire would reveal equally abnormal wear on both shoulders. Id., at 277.

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Cite This Page — Counsel Stack

Bluebook (online)
526 U.S. 137, 119 S. Ct. 1167, 143 L. Ed. 2d 238, 1999 U.S. LEXIS 2189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kumho-tire-co-v-carmichael-scotus-1999.