Kurncz v. Honda North America, Inc.

166 F.R.D. 386, 44 Fed. R. Serv. 1024, 1996 U.S. Dist. LEXIS 6132, 1996 WL 190739
CourtDistrict Court, W.D. Michigan
DecidedApril 5, 1996
DocketNo. 1:94:CV:539
StatusPublished
Cited by24 cases

This text of 166 F.R.D. 386 (Kurncz v. Honda North America, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kurncz v. Honda North America, Inc., 166 F.R.D. 386, 44 Fed. R. Serv. 1024, 1996 U.S. Dist. LEXIS 6132, 1996 WL 190739 (W.D. Mich. 1996).

Opinion

OPINION

ENSLEN, Chief Judge.

The matter before the Court is defendants’ (collectively “Honda’s”) motion in limine to exclude evidence of hedonic damages.

FACTS

While riding a Honda ATC, a three-wheeled recreational vehicle, plaintiff Mr. Kumcz had an accident and sustained injuries, including to his head. Due to his injuries, Mr. Kumcz alleges that he has been denied the enjoyment of life. Mr. Kumcz intends to offer the testimony of Stan Smith, an economist, who will aid the jury in valuafring this loss using a “willingness to pay” model. Honda contends that Michigan law does not allow recovery for the type of damage Stan Smith will testify about, and even if it did allow for it, Stan Smith’s methodology is unreliable and would be confusing or unhelpful to the jury.

DISCUSSION

The parties do not dispute that Michigan substantive law applies to this action. As such, this Court applies the law as it deems the Michigan Supreme Court would construe it. See Monette v. AM-7-7 Baking Co., 929 F.2d 276, 280 (6th Cir.1991). Federal holdings on Michigan law are persuasive authority. Interpretations of the federal rules of evidence, of course, require consultation of federal authority.

Recovery for Loss of Enjoyment of Life

This Court applies the Michigan Standard Jury Instructions for matters of substantive Michigan law. For non-economic damages, the Standard Jury Instructions 50.01 and 50.02 provide:

You should also include each of the following elements of damage which you decide plaintiff is reasonably certain to sustain in the future: ____d. (denial of social pleasure and enjoyments) — ”

The denial of enjoyments is considered an element of recovery for pain and suffering. See SJI2d 50.02, Note on Use.

Honda’s first contention is that plaintiffs in Michigan can only recover for the subsequent loss of activities they enjoyed before an injury. This is contrary to the instruction and case law. The instruction and law provide for the denial of future enjoyment. See id; See also, Beath v. Rapid Ry. Co., 119 Mich. 512, 78 N.W. 537 (1899). While Mr. Kurncz cannot lose something he never had, he can be denied something he never had. See Beath, 119 Mich. at 514-17, 78 N.W. 537 (postponement of marriage a compensable harm had it been pled). The question is whether the damages can be proved with some certainty to support a jury verdict, see Pierce v. New York Central Railroad Co., 409 F.2d 1392, 1399 (6th Cir.1969); [388]*388or, if the damages are not those which naturally flow from the injury, the question is whether the damage has been properly alleged as well as proved. See Beath, 119 Mich. at 514-17, 78 N.W. 537.

For example, the plaintiff who suffers severe and permanent injury to his legs may be compensated for the denial of those activities involving legs that “make life worth living.” Cawood v. Earl Paige & Co., 239 Mich. 485, 490, (1927). Such denials are a natural consequence of the injury. The postponement of marriage is a damage peculiar to the plaintiff which does not naturally follow from leg injuries sustained in a train wreck and would require special pleading. See Beath, 119 Mich. at 514-17, 78 N.W. 537. In reviewing whether an award was excessive, Courts often look to the evidence of prior enjoyments; but that does not make prior enjoyment of a particular activity a prerequisite to an award for denial of the pleasures of life. See Paige, 409 F.2d at 1398-99. Specific activities simply provide the hook on which a Court or jury can hang a value that might otherwise appear high for the circumstances. Mr. Kumcz can recover for the denial of life’s pleasures which are the natural consequence of his injuries.

The parties agree that the consequences of head injuries are difficult to value. But the mere fact that damages are difficult to estimate does not make them uncompensable. See Pierce, 409 F.2d at 1397-98) (quoting Allison v. Chandler, 11 Mich. 542, 554-55 (1863).

Plaintiffs Expert, Mr. Smith

This brings the Court to the issue of whether to permit Mr. Smith to .aid the jury with testimony about his statistical valuations of hedonic loss.

In determining whether an expert should testify, this Court must apply Federal Rule of Evidence 702 in keeping with the Supreme Court’s opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589-91, 113 S.Ct. 2786, 2795, 125 L.Ed.2d 469, 481 (1993), and subsequent Sixth Circuit opinions. Daubert establishes a two step test: 1) is the evidence reliable?; 2) is it relevant, i.e., does it “fit” the case? Whether the evidence is reliable scientific evidence involves a four factor test: a) whether the theory can be and has been tested; b) whether the theory has been subject to peer review and published; 3) rate of error and maintenance of standards; 4) general acceptance of the theory in the relevant scientific community. See id. 509 U.S. at 591-95, 113 S.Ct. at 2796-97. Whether the evidence is relevant refers to whether or not the evidence will assist the jury in determining the existence of any fact of consequence. See id. at 591-93, 113 S.Ct. at 2796 (referring to Fed.R.Evid. 401 and 402).

Of course, assuming all of the above, the evidence still must meet the requirements of Rule 403. See id. at 595-97, 113 S.Ct. at 2798. All evidence must meet Rule 403.

Mr. Smith is an economist and President of Financial Group, Ltd. He has a method for calculating the value of life according to a “willingness to pay” model. He bases his calculations on three underlying studies: 1) consumer behavior and purchases of safety devices; 2) wage risk premiums; 3) regulatory cost-benefit analyses. The idea is that decisions in the aggregate, or collective societal decisions, which actually intersect money and risks to life and limb can be used to determine a statistical figure for the value society places on life. A jury can then employ that figure as a benchmark of some kind in assessing the particular loss in the case before it.

The willingness to pay model on the issue of calculating hedonic damages is a troubled science in the courtroom, with the vast majority of published opinions rejecting the evidence. See Ayers v. Robinson, 887 F.Supp. 1049 (N.D.Ill.1995); Hein v. Merck & Co., Inc., 868 F.Supp. 230 (M.D.Tenn.1994); Sullivan v. Gypsum Co., 862 F.Supp. 317 (D.Kan.1994); Mercado v. Ahmed, 756 F.Supp. 1097 (N.D.Ill.1991), affd, 974 F.2d 863 (7th Cir.1992); Sterner v. Wesley College, Inc., 747 F.Supp. 263 (D.Del.1990); Patch v. Glover, 248 Ill.App.3d 562, 618 N.E.2d 583, 188 Ill.Dec. 13 (Ill.App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stovall v. Mack Trucks Inc
E.D. Arkansas, 2022
Lessert v. BNSF Railway Company
D. South Dakota, 2020
Jennings v. Nash
W.D. Missouri, 2020
Langenbau v. Med-Trans Corp.
167 F. Supp. 3d 983 (N.D. Iowa, 2016)
Smith v. Dorchester Real Estate, Inc.
732 F.3d 51 (First Circuit, 2013)
United States v. Vulcan Society, Inc.
897 F. Supp. 2d 30 (E.D. New York, 2012)
Fail-Safe, L.L.C. v. A.O. Smith Corp.
744 F. Supp. 2d 870 (E.D. Wisconsin, 2010)
Banks Ex Rel. Banks v. Sunrise Hosp.
102 P.3d 52 (Nevada Supreme Court, 2004)
Smith v. Ingersoll-Rand, Co.
214 F.3d 1235 (Tenth Circuit, 2000)
Exxon Corp. v. United States
45 Fed. Cl. 581 (Federal Claims, 1999)
KM Leasing, Inc. v. Butler
749 So. 2d 310 (Court of Appeals of Mississippi, 1999)
Saia v. Sears Roebuck and Co.
47 F. Supp. 2d 141 (D. Massachusetts, 1999)
Lewis v. Alfa Laval Separation, Inc.
714 N.E.2d 426 (Ohio Court of Appeals, 1998)
Brereton v. United States
973 F. Supp. 752 (E.D. Michigan, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
166 F.R.D. 386, 44 Fed. R. Serv. 1024, 1996 U.S. Dist. LEXIS 6132, 1996 WL 190739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kurncz-v-honda-north-america-inc-miwd-1996.