Quinton v. Farmland Industries, Inc.

928 F.2d 335, 32 Fed. R. Serv. 513, 1991 U.S. App. LEXIS 3907, 1991 WL 30404
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 12, 1991
DocketNo. 89-7057
StatusPublished
Cited by6 cases

This text of 928 F.2d 335 (Quinton v. Farmland Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quinton v. Farmland Industries, Inc., 928 F.2d 335, 32 Fed. R. Serv. 513, 1991 U.S. App. LEXIS 3907, 1991 WL 30404 (10th Cir. 1991).

Opinion

BRORBY, Circuit Judge.

Plaintiffs commenced this strict liability action against defendant Farmland Industries, Inc. (Farmland) to recover damages allegedly incurred when their dairy cattle ingested a corn and pellet feed purchased from Farmland that contained an excessive and harmful level of cockleburs. Farmland subsequently filed a third-party complaint against Guthrie Cotton ■ Oil Co. (Guthrie) and Western Arkansas Export Elevator (WestArk), claiming that any contaminants alleged to have caused damage to plaintiffs' dairy herds derived from corn Farmland had purchased from Guthrie and WestArk. The district court directed a verdict in favor of the third-party defendants at the close of Farmland’s evidence and subsequently entered judgment in favor of plaintiffs against Farmland in accordance with the verdict of the jury. Farmland appeals from both rulings.1

Farmland raises two issues on appeal in connection with the jury verdict for plaintiffs. First, Farmland contends the verdict was tainted by Dr. Mayes’s expert testimony for plaintiffs, which was allegedly unqualified in two respects, i.e., “Mayes was generally unqualified to give expert toxicology opinions” because of a lack of education and experience concentrated on this specialty, Appellant’s Brief at 5, and “Mayes was specifically unqualified to give opinions [on the particular issues in this case]” because of a lack of factual and/or scientific foundation for any such opinions, Appellant’s Brief at 11.

The district court is accorded broad discretion in its decision whether to admit expert testimony, which we may reverse only for an abuse of such discretion. Ramsey v. Culpepper, 738 F.2d 1092, 1101 (10th Cir.1984); see Karns v. Emerson Elec. Co., 817 F.2d 1452, 1459 (10th Cir. 1987). Farmland’s first objection to Dr. [337]*337Mayes’s testimony rests on the assumption that a doctor of veterinary medicine may not testify regarding the toxic effects of substances on dairy cows unless he is a specialist in the field of toxicology. This assumption about the insufficiency of general medical study, which reflects the implausible view that such training qualifies a doctor to diagnose and treat a wide range of physical disorders in the real world but not to render expert opinions about particular examples in the courtroom, has been expressly rejected in the case of physicians. See Payton v. Abbott Labs, 780 F.2d 147, 155 (1st Cir.1985) (fact that physician is not a specialist in the field in which he testifies does not affect the admissibility of his opinions but only their weight); see, e.g., Sprague v. Bowen, 812 F.2d 1226, 1232 (9th Cir.1987) (general physician may give opinion regarding patient’s mental state even though not a psychiatrist); Heinze v. Heckler, 581 F.Supp. 13, 14 (E.D.Pa.1983) (same); see also LeMaire ex rel. LeMaire v. United States, 826 F.2d 949, 951-52 (10th Cir.1987) (cardiologist properly permitted to render neurological opinion over objection to qualifications). Farmland has cited no authority compelling a deviation from this approach in the present setting. The district court did not abuse its discretion in allowing Dr. Mayes’s testimony over Farmland’s objection to his professional qualifications.

Plaintiffs assert Farmland failed to preserve its second challenge to Dr. Mayes’s opinions, regarding lack of adequate foundation, by limiting its trial objections to the matter of qualifications already discussed. After reviewing the transcript, see Trial tr. May 5, 11, and 12, 1989, at 30-38, 63, we agree that Farmland never specifically brought its separate foundational challenge to the district court’s attention. See generally Ramsey, 738 F.2d at 1101 (recognizing distinction between challenges to foundation of and qualifications for expert opinion, and restricting analysis to former in accordance with limited scope of objection to expert’s testimony). Under these circumstances, we review the matter only for plain error affecting the substantial rights of the parties, Bannister v. Town of Noble, 812 F.2d 1265, 1271 (10th Cir.1987) (citing Fed.R.Evid. 103); e.g., Big Horn Coal Co. v. Commonwealth Edison Co., 852 F.2d 1259, 1270-71 (10th Cir.1988) (plain error review of admission of expert testimony), although our conclusion would be the same under the abuse of discretion standard invoked above.

While Farmland was able to bring out on cross-examination some pertinent limitations regarding the extant research on cockleburs, for example its concentration on animals — other than dairy cows — that have more natural contact with the plant, these did not render inadmissible Dr. Mayes’s extrapolations from the debilitating toxic and mechanical effects of the plant reported in the literature to the sick animals he examined. “[A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists. As long as the basic methodology employed to reach such a conclusion [here, Dr. Mayes’s inquiries regarding course of symptomatology and concomitant changes in surrounding conditions, inspection of the allegedly harmful feed, physical examinations of sick animals, postmortem workups, review of pertinent scientific literature] is sound, ... products liability law does not preclude recovery until ... science has had the time and resources to complete sophisticated laboratory studies of the [alleged cause of injury].” Wells v. Ortho Pharmaceutical Corp., 788 F.2d 741, 745 (11th Cir.) (quoting Ferebee v. Chevron Chemical Co., 736 F.2d 1529, 1535-36 (D.C.Cir.), cert. denied, 469 U.S. 1062, 105 S.Ct. 545, 83 L.Ed.2d 432 (1984)), cert. denied, 479 U.S. 950, 107 S.Ct. 437, 93 L.Ed.2d 386 (1986); see also Head v. Lithonia Corp., 881 F.2d 941, 943 (10th Cir.1989) (expert’s opinion need not be generally accepted in scientific community to be sufficiently reliable and probative to support a jury finding); Peteet v. Dow Chem. Co., 868 F.2d 1428, 1433 (5th Cir.) (same), cert. denied, — U.S. —, 110 S.Ct. 328, 107 L.Ed.2d 318 (1989). Farmland’s challenge to the research basis for [338]*338Dr. Mayes’s opinions goes to their weight, not their admissibility.

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928 F.2d 335, 32 Fed. R. Serv. 513, 1991 U.S. App. LEXIS 3907, 1991 WL 30404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinton-v-farmland-industries-inc-ca10-1991.