Wood v. Stihl, Inc.

705 F.2d 1101, 12 Fed. R. Serv. 1981, 1983 U.S. App. LEXIS 28163
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 9, 1983
DocketNo. 81-3177
StatusPublished
Cited by28 cases

This text of 705 F.2d 1101 (Wood v. Stihl, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. Stihl, Inc., 705 F.2d 1101, 12 Fed. R. Serv. 1981, 1983 U.S. App. LEXIS 28163 (9th Cir. 1983).

Opinion

TUTTLE, Circuit Judge:

This is an appeal by the defendant manufacturer of the Stihl 045AV chain saw from a judgment against it for an injury to the hand and leg of the plaintiff in a diversity products liability case.

The main issues raised by the appellant are:

(1) Did the trial court err in refusing to accept the qualifications of the independent expert witnesses offered by Stihl?
[1103]*1103(2) Did the trial court err in refusing to admit Stihl’s evidence that the chain saw was reasonably safe?
(3) Did the trial court err in excluding evidence offered by Stihl to disprove the plaintiff’s claim that the condition of the saw was the proximate cause of the injury?
(4) Did the trial court err in refusing to admit evidence of the factual circumstances surrounding the accident?
(5) Did the trial court abuse its discretion in refusing to permit impeachment of Wood’s expert witness Larson?
(6) Did the trial court err in instructing the jury?

I. STATEMENT OF THE CASE

A. Proceedings Below

Wood alleged that the Stihl 045AV saw supplied him was defective in design and that the defect was the proximate cause of his injuries. He claimed that the saw was not reasonably safe because it did not have a chain brake. A chain brake is a device designed to stop the chain from turning in certain kickback situations. It is activated by the operator’s hand striking the hand-guard as the saw is thrown back on its axis towards the operator. Stihl had made a chain brake available as an option on the 045AV, but Weyerhaeuser had not specified that option. Wood claimed that had the saw been equipped with the chain brake, he would not have been injured when he lost control of the saw.

Stihl denied that the saw was defectively designed, and contended that without the optional chain brake it was reasonably safe. Stihl furthermore asserted that a chain brake, if made standard equipment on all saws used by professional cutters, would impair the versatility of the product and create potential hazards for loggers in the northwest timber region where the accident occurred, thus contending that a chain brake was properly provided only as an optional item. Plaintiff Stihl contended also that even had the saw been equipped with the chain brake, Wood’s injury still would have occurred. In other words, it argued that with such a brake the way this accident occurred, the brake would not have been activated and therefore the want of a brake could not be the proximate cause of the injury. Stihl also pled assumption of risk and misuse, claiming that the sole proximate cause of the accident was the conduct of Wood in making the cut.

The case was tried to a jury between March 9 and March 11,1981 and resulted in a jury’s verdict and judgment in favor of Wood for $300,000.

B. Statement of Facts

We restate the facts as contained in the brief of the appellant, because, with one modification which we shall add at the end of the statement of facts, the appellee does not take issue with the appellant’s statement.

1. Background of the Defendant and the Product

Defendant Stihl, Inc. is a Delaware corporation whose principal place of business is Virginia Beach, Virginia. It is a wholly owned subsidiary of Andreas Stihl, a partnership operated under the laws of the Federal Republic of Germany. Andreas Stihl sells its products in more than 130 countries around the world.

At the time of the accident, Wood’s saw had a Stihl 045AV powerhead, an Oregon 32-inch bar, and an Oregon 404 chisel chain. The bar and chain were neither manufactured nor sold by Stihl. The Stihl 045AV is a large saw used by professional loggers. Wood’s powerhead had been manufactured by Andreas Stihl in 1977 and exported to the United States by Stihl, Inc. It was sold to the Weyerhaeuser Company, Wood’s employer, through the Stihl, Inc. distribution system.

The chain brake, first available as an option on the 045AV in 1976, could either be manufactured on the powerhead at the factory or purchased and put on later.

In his statement of facts, plaintiff stated only:

[1104]*1104Plaintiff adds to the defendant’s statement of the facts that the only evidence in the case concerning the way plaintiff was holding the saw, his left hand on the throttle and his right hand on the front guard on the top of the saw, was that he was.

II. DISCUSSION OF ISSUES

A. Qualifications of Defendant’s Experts

This Court has held, with respect to the standard of review of a finding by a trial court that a tendered expert witness is not qualified:

The trial court is vested with broad discretion concerning the admissibility or exclusion of expert testimony and the court’s action is to be sustained unless shown to be manifestly erroneous (citations omitted).

United States v. An Article of Drug, 661 F.2d 742, 745 (9th Cir.1981).

The Federal Rules of Evidence clearly indicate the desirability of opinion evidence in a proper case if such evidence “will assist the trier of fact to understand the evidence.”

Rule 702 — Testimony by Experts — 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.

F.R.Evid. Rule 702.

That the jury in this case could be assisted in its understanding of the evidence “or to determine a fact in issue” by hearing expert testimony is most clearly evidenced by the fact that the plaintiff’s case was dependent entirely upon such an expert. It cannot be gainsaid that whether or not this particular saw was as safe as it could be made within reason was a question that could be resolved only by a factfinder after being told of the opinion of persons who had carefully studied the timbering industry, the use of such saws, their use under different situations, the structure of the saw and possible modifications that, in the opinion of experts, might or might not add to safety in its use. There is no doubt that if the trial court had admitted the testimony of the experts Dent and Brooks, the appellant could not have successfully appealed from its admission here. The only question, therefore, is whether the rejection of the testimony of these witnesses on the ground of lack of qualification can be reversed because such a rejection was “manifestly erroneous.”

We deal first with the expert Dent. To begin, we rely largely upon appellant’s statement as to Dent’s testimony, because each of the statements has been supported by a record reference which we have carefully checked and the appellee takes no issue with this statement of facts.

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Cite This Page — Counsel Stack

Bluebook (online)
705 F.2d 1101, 12 Fed. R. Serv. 1981, 1983 U.S. App. LEXIS 28163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-stihl-inc-ca9-1983.