Lytle v. Ford Motor Co.

696 N.E.2d 465, 1998 Ind. App. LEXIS 1103, 1998 WL 345409
CourtIndiana Court of Appeals
DecidedJune 30, 1998
Docket54A04-9701-CV-30
StatusPublished
Cited by28 cases

This text of 696 N.E.2d 465 (Lytle v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lytle v. Ford Motor Co., 696 N.E.2d 465, 1998 Ind. App. LEXIS 1103, 1998 WL 345409 (Ind. Ct. App. 1998).

Opinions

OPINION

BAKER, Judge.

Appellant-plaintiff Steven Lytle appeals the trial court’s order granting appellee-de-fendant Ford Motor Company’s (Ford) motion for summary judgment. Specifically, Lytle argues that the trial court erred as [467]*467follows: 1) excluding evidence of Kyong Ly-tle’s seat belt use; 2) concluding that Lytle had abandoned his theory regarding inadvertent release; and 3) excluding the testimony of Lytle’s expert witnesses.

FACTS1

On August 31, 1987, Lytle, his wife Kyong and their daughter Michelle were riding in their 1987 Ford Ranger pickup truck when it was struck by another vehicle. The force of the collision caused their truck to skid and roll over several times. Although Lytle contends that Kyong was wearing a seat belt at the time of the accident, she was thrown from the truck. As a result, Kyong suffered permanent brain damage, while Lytle and Michelle, who were restrained by their seat belts, incurred only minor injuries.

In August of 1989, Lytle filed a complaint against Ford, alleging that Kyong’s enhanced injuries were caused by a design defect in Ford’s seat belts. Specifically, Lytle alleged that the seat belt buckle inertially released as a result of the acceleration forces which occurred during the accident. In the alternative, Lytle alleged that the improper placement of the seat belt buckles combined with the ease with which Kyong’s buckle could be released, caused it to inadvertently release when it came in contact with either Michelle’s body or clothing, or her buckle. In response, Ford filed an answer denying Ly-tle’s allegations, contending that its seat belt design was not defective and that Kyong was not wearing her seat, belt at the time of the accident.

On August 23,1996, Ford filed a motion in limine seeking to exclude evidence of any design defects other than those relating to inadvertent release, inertial release or defects in the passenger door. Record at volume 8: page 1858. On September 19, 1996, during the hearing on Ford’s motion in li-mine, Lytle’s attorney informed the court that, “the only issue concerns the buckle and in that regard its [sic] simply the design of the buckle, the selection of this particular buckle compared to other safer alternative designs, and the failure to test the buckles.” R. at 39:9057. Thereafter,, the trial court granted Ford’s motion, concluding that the only issues remaining concerned the buckle’s design and selection and Ford’s failure to properly test the buckle. R. at 13:2889.

On August 23, '1996,' Ford also filed a motion in limine seeking to exclude the testimony of Lytle’s expert witnesses, Billy Peterson and John Marcosky. Specifically, Ford contended that Peterson’s testimony regarding inertial release was not scientifically reliable and would not assist the trier of fact. Ford further argued that any probative value that the testimony would provide would be substantially outweighed by the prejudice to Ford. Additionally, Ford contended that Marcosky’s testimony regarding inertial and inadvertent release “was not based on reliable analysis or knowledge and would not assist the trier' of fact.” R. at 8:1879. In September of 1996, after a hearing on the motion in limine, the trial court entered an order excluding Marcosky’s testimony because Lytle failed to demonstrate that the testimony was based upon any particular skill, knowledge, experience or expertise or that it would assist the jury. R. at 13:2891-92. The trial court also excluded Peterson’s testimony regarding inertial release because he could not show that the forces and circumstances which were present during his pendulum tests2 and which permitted the seat belts.to inertially release, were sufficiently similar to the forces and circumstances which are present in a “real world” .accident, or which were present during the. Lytle’s accident. R. at 13:2926-28.

Following the court’s ruling, during an offer of proof, Peterson testified that his pen[468]*468dulum tests demonstrated that inertial release ean occur at less than peak acceleration of between 40-60 g forces.3 Therefore, he argued, because Ford’s tests had demonstrated that buckles could be exposed to forces of 40-60 g’s during a real world accident, his tests proved that a seat belt could inertially release during a real world accident. However, the court again ruled that his testimony was inadmissible, finding that Lytle had failed to establish that the forces present during Peterson’s tests were similar enough to forces which are present in a real world accident.

On October 7,1996, Ford filed a motion for summary judgment, alleging that, without testimony from Marcosky and Peterson, Ly-tle could not establish a genuine issue of material fact regarding design. defect and causation. Thereafter, Lytle filed a motion in opposition to summary judgment, in which he argued that the testimony of his expert witnesses was admissible. Nevertheless, the trial court granted Ford’s motion for summary judgment and incorporated its previous rulings excluding Peterson’s testimony. The court also found that Lytle had abandoned his claim for inadvertent release, that Marco-sky’s and Peterson’s testimony regarding inertial release was inadmissible and that, without expert testimony, Lytle presented no genuine issue of material fact regarding defect, a safer alternative design or causation. R. at 38:9040-48. Lytle now appeals.

DISCUSSION AND DECISION

I. Standard of Review

Summary judgment is appropriate where no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Hottinger v. Trugreen Corp., 665 N.E.2d 593, 595 (Ind.Ct.App.1996), trans. denied. A trial court’s grant of summary judgment is “clothed with a presumption of validity,” and the appellant bears the burden of demonstrating that the trial court erred. Id. However, we must carefully scrutinize the trial court’s decision to ensure that the non-prevailing party is not improp-eriy denied his day in court. Id. Further, where expert testimony is advanced to establish causation, summary judgment is properly entered in favor of the defendant where that testimony fails to meet the admissibility requirements of Ind. Evidence Rule 702. Id.

II. Evidence of Kyong’s Seat Belt Use .

Lytle first contends that the trial court erred by failing to consider evidence that he offered in support of his motion in opposition to Ford’s summary judgment motion. Specifically, he argues that the court improperly excluded all evidence of Kyong’s seat belt use, including Lytlé’s deposition testimony that he saw Kyong put her seat belt on before the accident, Kyong’s mother’s testimony that Kyong always wore her seat belt and Marcosky’s affidavit, in which he stated that the marks on the seat belt demonstrate that Kyong was wearing her seat belt at the time of the accident.

In its order granting summary judgment, the trial court stated:

Purported evidence of seat belt use is submitted in support of the' opposition to the Motion for Summary Judgment. However, as it is submitted to the court it is hearsay.

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Bluebook (online)
696 N.E.2d 465, 1998 Ind. App. LEXIS 1103, 1998 WL 345409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lytle-v-ford-motor-co-indctapp-1998.