Voohries-Larson v. Cessna Aircraft Co.

177 F.R.D. 462, 1998 U.S. Dist. LEXIS 518, 1998 WL 24255
CourtDistrict Court, D. Arizona
DecidedJanuary 20, 1998
DocketCIV-95-2574-PHX-ROS
StatusPublished
Cited by2 cases

This text of 177 F.R.D. 462 (Voohries-Larson v. Cessna Aircraft Co.) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Voohries-Larson v. Cessna Aircraft Co., 177 F.R.D. 462, 1998 U.S. Dist. LEXIS 518, 1998 WL 24255 (D. Ariz. 1998).

Opinion

ORDER

SILVER, District Judge.

Pending before the Court are (1) Defendant’s Motion to Exclude Plaintiffs’ Experts, and (2) Defendant’s Motion to Exclude Plaintiffs’ Mock-up of T303 Wing.

J. BACKGROUND

On July 4, 1993, at about 3:20 a.m., a Cessna T303 airplane crashed into the ground near Ernest A. Love Field in Prescott, Arizona. All five persons aboard were killed. Plaintiffs, who are the surviving mothers of three of the deceased, commenced this wrongful death action in the Superior Court for Maricopa County on July 5, 1995. In their Complaint, Plaintiffs allege the airplane’s fuel system, manufactured and designed by Defendant Cessna Aircraft Co. (“Cessna”), was defectively designed and unreasonably dangerous. Plaintiffs filed an Amended Complaint on October 2,1995. On November 21, 1995, Defendant removed the action to this Court on the basis of diversity of citizenship. On December 1, 1997, Defendant filed the instant motions. On December 22, 1997, Plaintiffs filed Responses in opposition.

II. LEGAL STANDARD

Rule 702 of the Federal Rules of Evidence provides,

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

In this ease, the qualifications of the proposed expert witnesses are not disputed. Rather, Defendant argues that the testimony of Plaintiffs’ experts lacks sufficient support to be of help to the trier of fact. This argument requires the Court to perform its “gatekeeping function” of ascertaining whether the testimony “rests on a reliable foundation and is relevant to the facts of the case.” McKendall v. Crown Control Corp., [465]*465122 F.3d 803, 805 (9th Cir.1997) (quoting Bogosian v. Mercedes-Benz of North America, Inc., 104 F.3d 472, 476 (1st Cir.1997)).

Defendant offers two primary arguments against admission of the testimony. First, it contends that the experts are not able to establish that the alleged defect is the proximate cause of the crash. Second, it argues that the opinions of the experts are factually unsupported. To take the last argument first, the Court will first consider the factual underpinnings of Plaintiffs’ experts’ opinions. Next, the Court will consider Defendant’s argument relating to causation.

III. FACTUAL SUPPORT

Defendant’s motion seeks the exclusion of three of Plaintiffs experts: David Hall, a design engineer, Jeurgen Janzik, a pilot expert, and Kenneth Orloff, an expert on the plane’s flight path. These experts intend to testify in support of Plaintiffs’ theory of the crash, which is as follows: (1) soon after take-off, the aircraft entered into an uncoordinated left turn1;(2) due to design defects in the fuel system, fuel flowed outward during this uncoordinated turn, allowing air into the float valves; (3) the introduction of air caused the fuel system to malfunction; (4) the pilot shut down the left engine once the malfunction occurred; and (5) this failure caused the aircraft to enter a “flat spin,” from which the aircraft was unable to escape. None of these experts is able to offer opinions supporting each step of this theory, but Plaintiffs argue that opinions of all three experts, taken together, provide support for their theory. Defendant argues that the opinions, whether taken individually or together, provide no such support.

A. David Hall

Hall intends to offer the following opinions at trial: (1) both engines showed no signs of power at impact and the left propeller was probably “feathered;”2 (2) the fuel system design is defective and unreasonably dangerous in a number of ways; (3) the left engine lost power and was shut down by the pilot while in a traffic pattern, probably from ingestion of air while in an uncoordinated turn; and (4) the accident was caused by the defective fuel design of the fuel system, which allowed the fuel to flow to the outboard end of the tank during an uncoordinated turn, resulting in failure of the left engine and a significant lateral load imbalance. (Mot. at 8-10.)

Hall’s first three opinions are inextricably linked. From the plane wreckage, Hall concludes that the left propeller was “feathered,” that is, the blades were positioned such that it produced no forward thrust. He also notes that the National Transportation Safety Board (“NTSB”) found no sign of engine failure. From these facts, he concludes that the pilot shut down the engine.3 Hall further concludes that the pilot would not have shut down the engine unless it had malfunctioned, and that the probable cause of the malfunction was fuel starvation. According to Hall, this sort of malfunction occurs when the plane enters an uncoordinated left turn. Hall’s fourth and concluding opinion is that this series of events was the cause of the crash.

1. The Left Propeller was in the “Feathered” Position.

Hall’s first opinion is that both engines showed no sign of power at impact and the left propeller was probably “feathered.” Hall notes that though the blades of the propellers “were not in the feather-pitched [466]*466position when I observed it,” “the prop was probably feathered because the damage is consistent with the prop not rotating.” (Dep. at 42.) Defendant argues that this opinion lacks a factual foundation because the NTSB made no factual determination that the left engine quit, and because the left propeller was not in the feathered position when Hall inspected it. (Mot. at 11.) Defendant also observes that Hall did not dissemble the propeller. However, Hall, whose qualifications were not disputed, clearly states the basis for his findings, noting that while the prop was not in the feathered position, the damage to it was consistent with the prop being in the feathered position. This portion of the opinion has sufficient factual support.

Hall also opines that both engines show no signs of power at impact. With respect to the left engine, Hall bases his opinion that the left engine was not turning on the condition of the left propeller. Hall explains, “That’s what the propeller evidence says, or if it was turning, it was turning very, very slowly.” (Dep. at 43.) This opinion has a sufficient factual basis. In his deposition, Hall clarifies his opinion concerning the right engine, noting that though it showed no evidence of power on impact, “it was probably turning.” (Dep. at 43.) He also notes that he has no reason to believe that the right engine was unable to develop power. (Dep. at 44.) In its Motion, Defendant does not challenge Hall’s opinion of the right engine.

2. Design Defects in the Fuel System

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177 F.R.D. 462, 1998 U.S. Dist. LEXIS 518, 1998 WL 24255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voohries-larson-v-cessna-aircraft-co-azd-1998.