The Daubert Challenge
Kumho Tire v Carmichael:
A Summary (Part IV)
Parts I, II and III of our series of e-zines on the Daubert Challenge are available at our website http://www.warren-group.com/archives.html .
Another step in the evolution of the Daubert Challenge came when another case strained the existing rules of expert testimony. This case, Kumho Tire v Carmichael, eventually expanded the rules to include the testimony of those who have "technical" and "other specialized" knowledge, i.e., the engineer.
On July 6, 1993, Patrick Carmichael and seven family members were driving on an Alabama Interstate. The right rear tire of a minivan driven by Patrick Carmichael blew out. One passenger died and others were severely injured. In October 1993, the Carmichaels brought suit against the tire maker and its distributor, collectively referred to as Kumho Tire. The plaintiffs claimed the tire was defective. During the trial, the plaintiffs rested their case based partly on testimony of an expert, Dennis Carlson.
Initially, the plaintiff's hired George Edwards, a tire expert who examined the tire remains. Based on his experience with tire failures, he concluded the blowout was the result of a defect in the tire's design or manufacture. Shortly before his deposition, he became too ill to testify and transferred the case to his employee, Dennis Carlson.
Dennis Carlson's Testimony
Dennis Carlson reviewed the case and concurred with George Edwards. During his deposition, Carlson outlined the process he used to determine the tire was defective. The Defendant moved to exclude Carlson's testimony, claiming it did not satisfy legal standards for scientific evidence set forth in Daubert v. Merrell Dow Pharmaceuticals.
Carlson relied on certain features of tire technology that were not in dispute. A steel belted tire like the Carmichael's is made of a carcass containing many layers of flexible cords called plies along which are laid strips called belts. Steel wire loops called beads hold the cords together at the plies bottom edges. An outer layer called the tread encases the carcass and the entire tire is bound in rubber through application of heat and certain chemicals. The bead of the tire sits upon a bead seat, which is part of the wheel assembly. That assembly contains a rim flange, which extends over the bead and rests against the side of the tire. Carlson's testimony accepted certain background facts about the tire in question. He assumed before the blowout the tire had traveled far.
The tire was made in 1988 and had been installed before the Carmichaels had bought the van in March 1993. The Carmichaels had driven the van approximately 7000 additional miles in the two months they had owned it. Carlson noted the tire's tread depth, which was 11/32 inch when new, had been worn to depths of 3/32 inch in some parts to nothing at all along others. He conceded the tire had two punctures, which had been inadequately repaired.
Despite the tire's age and history, Carlson concluded that a defect in its manufacture or design caused the blowout. Carlson's conclusion rested on three premises:
The next article in our series will more closely explore Carlson's expert conclusions and how they came to influence the Daubert Challenge.