Wilson v. Woods

163 F.3d 935, 51 Fed. R. Serv. 3d 177, 1999 U.S. App. LEXIS 379, 1999 WL 306
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 13, 1999
Docket97-60067
StatusPublished
Cited by191 cases

This text of 163 F.3d 935 (Wilson v. Woods) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Woods, 163 F.3d 935, 51 Fed. R. Serv. 3d 177, 1999 U.S. App. LEXIS 379, 1999 WL 306 (5th Cir. 1999).

Opinion

EDITH H. JONES, Circuit Judge:

Appellant Aistine Wilson challenges the district court’s refusal to qualify her expert witness as an accident reconstruetionist. Finding that the district court did not abuse its discretion, we AFFIRM.

BACKGROUND

This case arose out of an automobile collision in which Joseph D. Woods, an 18-wheel truck driver employed by MCC Transportation Company, struck appellant’s automobile as it proceeded forward after stopping at a highway intersection near Yazoo City, Mississippi. Wilson sued the appellees in the Circuit Court of Yazoo County and appellees removed the case to the Southern District of Mississippi.

Appellant’s suit alleged that Woods was negligent per se because he was exceeding the 55 mile per hour speed limit when the accident occurred. To support her theory, the appellant moved to qualify A.K. Rosen-han as an accident reconstruction expert. Rosenhan was prepared to testify that, based upon information contained in the accident report, his calculations determined that Woods’s truck was traveling 63 miles per hour at the time of the accident. The appel-lees objected that Rosenhan was not sufficiently qualified as an accident reconstruction expert. The district court sustained the objection and refused to admit the testimony.

Without Rosenhan’s testimony, Wilson was unable to prove that Woods exceeded the speed limit and accordingly, the jury returned a verdict for the defendants. Wilson appeals on the sole issue of the exclusion of Rosenhan’s testimony.

STANDARD OF REVIEW

This court reviews a trial court’s decision to exclude expert testimony under an abuse of discretion standard. See General Elec. Co. v. Joiner, 522 U.S. 136, 118 S.Ct. 512, 515, 139 L.Ed.2d 508 (1997). Accordingly, we have recognized that district courts are given “wide latitude in determining the *937 admissibility of expert testimony, and the discretion of the trial judge ... will not be disturbed on appeal unless manifestly erroneous.” Watkins v. Telsmith, Inc. 121 F.3d 984, 988 (5th Cir.1997) (quoting Eiland v. Westinghouse Elec. Corp., 58 F.3d 176, 180 (5th Cir.1995) (internal quotations omitted)). In deciding whether the district court abused its discretion in refusing to qualify appellant’s expert witness, we are guided by the Supreme Court’s decision in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and Federal Rule of Evidence 702.

DISCUSSION

In Daubert, the Supreme Court instructed district courts to function as gatekeepers and permit only reliable and relevant expert testimony to be presented to the jury. See Daubert, 509 U.S. at 590-93, 113 S.Ct. at 2795-96. District courts must be assured that the proffered witness is qualified to testify by virtue of his “knowledge, skill, experience, training, or education.” Fed.R.Evid. 702. A district court should refuse to allow an expert witness to testify if it finds that the witness is not qualified to testify in a particular field or on a given subject. See Holbrook v. Lykes Bros. Steamship Co., Inc., 80 F.3d 777, 781 (3d Cir.1996) (“[T]he district court makes preliminary determinations whether the proposed expert witness is qualified ... under Rule 702.”).

To support her theory that Woods exceeded the posted speed limit when the accident occurred, the appellant called Ro-senhan as an expert in accident reconstruction. Rosenhan earned bachelor of science and master of science degrees in mechanical engineering, but he never completed his doctorate degree. After concluding his educational endeavors, Rosenhan taught courses in mechanical engineering and industrial engineering at various colleges and vocational schools. During the past 25 years, his consulting work has concentrated on fire reconstruction and investigation; however, he testified that he recently shifted his professional emphasis to automobile accident reconstruction.

Wilson moved to qualify Rosenhan as an expert in accident reconstruction. Before the court ruled on the motion, however, the appellees conducted voir dire of Rosenhan, which revealed that 1) although Rosenhan taught college level courses, he never held professorial rank; 2) he never taught an accident reconstruction course or any other course that involved automobile accident reconstruction; 3) he had no degree or certification in accident reconstruction (but he was enrolled in a correspondence course from the Northwestern Traffic Institute); 4) he had not completed the requirements for certification by the Association of Accident Recon-structionists; and, 5) although he had testified in various cases, one court had refused to qualify him as an expert in vehicle accident reconstruction based on his lack of qualifications. Appellees argued Rosenhan was not sufficiently qualified to. testify as an expert in this case due to his lack of “training,” “experience,” and “qualifications.” See Fed.R.Evid. 702.

The court also questioned Rosenhan and ascertained that he 1) had never conducted any studies or experiments in the field of accident reconstruction; 2) did not take any measurements or collect any data from the accident scene in this case; 3) did not examine the tires or other mechanical parts involved in the accident; 4) based his calculations on publicly accessible data published by the National Highway Transportation Safety Administration; and, 5) was unable to show that his training or experience as a mechanical engineer gave him expertise in the field of accident reconstruction that was distinguishable from training received by other mechanical engineers. Based on all these facts, the court refused to qualify Rosenhan as an expert witness and sustained the appel-lees’ objection, stating:

The court is concerned, as it has been directed to be concerned, by Daubert and its progeny, about the proliferation of so-called expert witnesses. This court personally is not convinced that there is any such thing as an accident reconstruetionist as an expert field; under the rules and guidelines set forth by the Supreme Court in Daubert.
None of the people who seem to be testifying have published in the field, have done experimentation in the field; and oth *938 er than getting a correspondence course from this Northwestern Traffic Institute, which pads the resume, none seem to have anything other than, in most instances, a general scientific background.

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163 F.3d 935, 51 Fed. R. Serv. 3d 177, 1999 U.S. App. LEXIS 379, 1999 WL 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-woods-ca5-1999.