McDaniel v. CSX Transportation, Inc.

955 S.W.2d 257, 1997 Tenn. LEXIS 471, 1997 WL 594750
CourtTennessee Supreme Court
DecidedSeptember 29, 1997
Docket01S01-9605-CV-00095
StatusPublished
Cited by454 cases

This text of 955 S.W.2d 257 (McDaniel v. CSX Transportation, Inc.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDaniel v. CSX Transportation, Inc., 955 S.W.2d 257, 1997 Tenn. LEXIS 471, 1997 WL 594750 (Tenn. 1997).

Opinion

OPINION

ANDERSON, Chief Justice.

We granted this interlocutory appeal to clarify the standards for the admissibility of scientific evidence under Tennessee Rules of Evidence 702 and 703.

The trial court, after a Tenn. R. Evid. 104 pretrial evidentiary hearing, admitted into evidence the testimony of plaintiffs’ experts who relied on epidemiological studies to prove that exposure to organic solvents caused a form of brain damage known as toxic encephalopathy. The trial court found that this scientific evidence would substantially assist the trier of fact and was reliable and trustworthy.

The Court of Appeals denied an interlocutory appeal. We, however, granted the interlocutory appeal and conclude that Tennessee Rules of Evidence 702 and 703 impose a duty upon trial courts to determine whether scientific evidence will substantially aid the trier of fact and whether the underlying facts and data relied on by the expert witness-indicate a lack of trustworthiness. The trial court must further determine whether the reasoning or methodology underlying the scientific evidence is sufficiently valid and reliable, and whether it can properly be applied to the facts at issue.

In making this determination, the trial court should focus on the principles and methodology underlying the science, and not on the conclusions of experts. The trial court is not required to determine that the principles and methodology employed are generally accepted by the scientific community. The court needs only to determine that the principles and methodology are scientifically valid and reliable.

When these standards are applied in this case, the scientific evidence proffered by the plaintiffs should be admitted. Accordingly, we conclude that the trial court did not abuse its discretion in denying the defendant’s motion in limine which sought to exclude the plaintiffs’ expert testimony.

BACKGROUND

This case involves eighty-four (84) cases filed pursuant to the Federal Employers Liability Act, 45 U.S.C. § 51, et seq., by employees of the defendant CSX Transportation, Inc. (“CSXT”), a railroad operator, which were consolidated for motions and case management in the Davidson County Circuit Court. Each plaintiff alleges that he has suffered brain damage due to chronic exposure to four (4) particular organic solvents 1 *259 while working in the CSXT mechanical shops in Nashville, Tennessee.

The plaintiffs intend to rely upon occupational physicians to show that long-term, low dosage exposure to the solvents has caused a form of brain damage known as toxic encephalopathy, which is marked by diminished short-term memory, sleeplessness, depression and anxiety. The plaintiffs’ experts rely upon epidemiological studies, 2 which they contend established the causation between long term exposure to solvents and damage to the central nervous system.

CSXT sought to exclude the plaintiffs’ experts on the basis that their testimony was without sufficient scientific support. CSXT contended that the epidemiological studies relied on by the plaintiffs did not consistently establish a causal connection with a relative risk or odds ratio that shows a statistically significant degree of reliability. 3 It concluded, therefore, that the proffered expert testimony on the issue would not “substantially assist” the trier of fact, and that the facts and data underlying the testimony shows a “lack of trustworthiness.”

At a pretrial Tenn. R. Evid. 104 evidentia-ry hearing, several expert witnesses for the plaintiff and the defendant offered their opinions concerning the effect of long-term exposure to low doses of the organic solvents involved in this litigation. The proof indicated that the solvents belong to a family of organic solvents known as chlorinated hydrocarbons, while mineral spirits are generally • distilled from petroleum products. The industrial utility of the solvents lies in their ability to dissolve grease.

The experts agreed that there is no objective diagnostic tool, (such as an MRI, CT Scan, or X-Ray), that will support a diagnosis of toxic encephalopathy, and that no biological mechanism has been identified that demonstrates how exposure to the solvents causes the damage. Moreover, while the experts agreed that acute exposure to high concentrations of the solvents can create dizziness, disorientation, and even unconsciousness, the allegations in this case involve exposure below the level necessary to render a person unconscious.

One of the plaintiffs’ experts, Dr. Edward Baker, a physician specializing in occupational medicine with two masters degrees, one in public health and another in epidemiology, testified that he has authored twenty-six articles and four textbook chapters on the subject of the effects of exposure to solvents. He began studying the effects of solvent exposure on the central nervous system while on the faculty of Harvard University’s School of Public Health. He has summarized epidemiological studies conducted since 1985 and *260 has concluded that “these cross - sectional studies, viewed in the aggregate, support the view that chronic solvent exposure causes impairment of neurobehavioral function.” Baker, “A Review of, Recent Research on Health Effects of Human Occupational Exposure to Organic Solvents,” Journal of Occupational Medicine, Vol. 36, No. 10 (Oct. 1994). 4 Baker testified that dose/response and degree of exposure were critical to the causation inquiry.

Another plaintiffs’ expert, Dr. Douglas Linz, also a physician specializing in occupational medicine, has authored four articles on the effects of exposure to solvents and has diagnosed patients with chronic encephalopathy. Like Baker, he has performed and reviewed the epidemiological studies on the subject and has concluded that “chronic low dose exposure to solvents can cause chronic encephalopathy.” Dr. Howard Frumkin, a physician with a doctorate in public health, has evaluated patients for solvent exposure, and has researched and written on the effects of exposure on the central nervous system. He testified that a sufficient degree of exposure over a sufficient amount of time can cause toxic encephalopathy, and that the diagnosis of chronic encephalopathy from low dose exposure to solvents is generally accepted throughout the United States and the world. 5

In contrast, Dr. Philip Edelman testified on behalf of the defendant that although dose response is critical to any toxicology study, “most” in the medical community of toxicologists did not accept the causal connection between low dose exposure to solvents and encephalopathy. Edelman, a physician who is board certified in toxicology and oecupa-tional/environmental medicine, criticized the epidemiological studies that the plaintiffs’ experts relied upon for lacking a good dose/response relationship and for failing to control for confounding factors such as age, intelligence, and the use of alcohol. Likewise, Dr. Joseph McLaughlin, a Ph.D.

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Bluebook (online)
955 S.W.2d 257, 1997 Tenn. LEXIS 471, 1997 WL 594750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-csx-transportation-inc-tenn-1997.