Valentine v. Conrad

850 N.E.2d 683, 110 Ohio St. 3d 42
CourtOhio Supreme Court
DecidedJuly 26, 2006
DocketNo. 2004-1619
StatusPublished
Cited by107 cases

This text of 850 N.E.2d 683 (Valentine v. Conrad) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valentine v. Conrad, 850 N.E.2d 683, 110 Ohio St. 3d 42 (Ohio 2006).

Opinions

Moyer, C.J.

{¶ 1} The question presented in this appeal is whether Evid.R. 702(C) requires a scientifically valid connection between the opinion of an expert witness and the resources relied upon by the expert.

{¶ 2} David E. Valentine was employed by PPG Industries, Inc., from 1969 to 1997, and it is alleged that he was exposed to various toxic chemicals throughout his employment. In 1997, Mr. Valentine was diagnosed with glioblastoma multiforme, a form of brain cancer. As a result of the cancer, Mr. Valentine died in May 1999.

{¶ 3} Mr. Valentine’s widow, Linda Valentine, appellant, filed a claim for death benefits with the Bureau of Workers’ Compensation, alleging that her husband’s exposure to chemicals throughout his employment with PPG Industries caused the development of his cancer and his resulting death. The Industrial Commission denied the claim, and Valentine filed an administrative appeal in the Pickaway County Court of Common Pleas against appellee PPG Industries, Inc., the parent company of appellee PPG Industries Ohio, Inc.

{¶ 4} To establish that she qualified for workers’ compensation benefits, Valentine was required to prove that her husband’s illness was contracted in the course of his employment with PPG Industries. R.C. 4123.01(F); State ex rel. Ohio Bell Tel. Co. v. Krise (1975), 42 Ohio St.2d 247, 254, 71 O.O.2d 226, 327 N.E.2d 756. In an effort to establish that fact, Valentine presented expert testimony from two of her husband’s treating physicians, Dr. Michael E. Miner and Dr. Herbert B. Newton, and from an industrial hygienist, Norman Brusk.

[43]*43{¶ 5} Dr. Miner concluded that, based on a reasonable medical probability, Mr. Valentine’s brain tumor was directly and proximately caused by his exposure to chemical toxins in his workplace and that his death was directly caused by that exposure. Dr. Newton similarly opined that, based on a reasonable medical probability, the development of the tumor and ultimate death were directly and proximately related to Mr. Valentine’s chemical exposure. The doctors based their opinions on the totality of their experience as practitioners, their knowledge of Mr. Valentine’s condition and background, medical and genetic research, animal studies, and epidemiologic studies. Additionally, both doctors considered it significant that a former coworker of Mr. Valentine, Harold McConnaughey Jr., developed glioblastoma multiforme and died within two weeks of Mr. Valentine. Both doctors acknowledged that no chemical is known to cause glioblastoma multiforme and that ionizing radiation, which is not involved in this case, is the only proven cause of the disease.

{¶ 6} Mr. Brusk opined that Mr. Valentine’s employment with PPG Industries placed him at a heightened risk of developing brain cancer. Mr. Brusk based his opinion on his experience as an industrial hygienist, his assessment of Mr. Valentine’s workplace, and epidemiological studies. Mr. Brusk did not render a professional opinion regarding whether any specific chemical, or group of chemicals, is capable of causing glioblastoma multiforme.

{¶ 7} The trial court excluded the expert opinions as unreliable under Evid.R. 702(C). Because the expert testimony was inadmissible, the trial court found that Valentine was unable to establish causation and granted summary judgment for PPG Industries. The Fourth District Court of Appeals affirmed, holding that the trial court did not abuse its discretion when it excluded the expert testimony as unreliable.

{¶ 8} The matter is before this court upon the acceptance of a discretionary appeal.

{¶ 9} The determination of the admissibility of expert testimony is within the discretion of the trial court. Evid.R. 104(A). Such decisions will not be disturbed absent abuse of discretion. Miller v. Bike Athletic Co. (1998), 80 Ohio St.3d 607, 616, 687 N.E.2d 735. “Abuse of discretion” suggests unreasonableness, arbitrariness, or unconscionability. Without those elements, it is not the role of this court to substitute its judgment for that of the trial court. Calderon v. Sharkey (1982), 70 Ohio St.2d 218, 222, 24 O.O.3d 322, 436 N.E.2d 1008.

{¶ 10} Evid.R. 702 provides:

{¶ 11} “A witness may testify as an expert if all of the following apply:

[44]*44{¶ 12} “(A) The witness’ testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons;

{¶ 13} “(B) The witness is qualified as an expert by specialized knowledge, skill, experience, training, or education regarding the subject matter of the testimony;

{¶ 14} “(C) The witness’ testimony is based on reliable scientific, technical, or other specialized information.”

{¶ 15} That the opinions related to matters beyond the knowledge and experience of laypersons is not disputed. See Evid.R. 702(A). Moreover, the credentials and experience of the witnesses clearly qualify them as experts under Evid.R. 702(B). In fact, the experience of Drs. Newton and Miner as Mr. Valentine’s personal physicians makes them uniquely qualified to discuss his health. The sole issue in this case, then, is whether the testimony in question is reliable under Evid.R. 702(C).

{¶ 16} In determining whether the opinion of an expert is reliable under Evid.R. 702(C), a trial court examines whether the expert’s conclusion is based on scientifically valid principles and methods. Miller, 80 Ohio St.3d 607, 687 N.E.2d 735, paragraph one of the syllabus. A court should not focus on whether the expert opinion is correct or whether the testimony satisfies the proponent’s burden of proof at trial. Id. Accordingly, we are not concerned with the substance of the experts’ conclusions; our focus is on how the experts arrived at their conclusions.

{¶ 17} The qualification and reliability requirements of Evid.R. 702 are distinct. Because even a qualified expert is capable of rendering scientifically unreliable testimony, it is imperative for a trial court, as gatekeeper, to examine the principles and methodology that underlie an expert’s opinion. Cf. Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), 509 U.S. 579, 589, 113 S.Ct. 2786, 125 L.Ed.2d 469 (“under [Fed.R.Evid. 702] the trial judge must ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable”); Gen. Elec. Co. v. Joiner (1997), 522 U.S. 136, 142, 118 S.Ct. 512, 139 L.Ed.2d 508 (discussing the gatekeeping role of the trial judge under Fed.R.Evid. 702). It is that determination that ensures that the testimony will be helpful to the trier of fact.

{¶ 18} Experts often base their opinions on data and research from within their field of study. Evid.R.

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Cite This Page — Counsel Stack

Bluebook (online)
850 N.E.2d 683, 110 Ohio St. 3d 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valentine-v-conrad-ohio-2006.