Hunt v. CNH Am. LLC

857 F.Supp.2d 320

Shawn L. HUNT, Plaintiff,

v.CNH AMERICA LLC, Defendant.

No. 09–CV–6064 CJS.

United States District Court, W.D. New York.

March 8, 2012.

Mark S. Nunn, Esq., Fitzsimmons, Nunn, Fitzsimmons & Plukas, LLP, Rochester, NY, For Plaintiff.

Vivian M. Quinn, Esq., Nixon Peabody LLP, Buffalo, NY, For Defendant.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

Shawn Hunt (“Plaintiff”) sustained injuries in a farming accident, when the tractor he was operating was struck from behind by another tractor, after the second tractor's brakes failed. Plaintiff is asserting claims for negligence and strict products liability against CNH, Inc. (“Defendant”), the manufacturer of the tractor which struck him. Now before the Court are the following applications: 1) Defendant's motion for summary judgment (Docket No. [# 18] ); 2) Defendant's motion [# 23] to exclude the testimony of Plaintiff's expert; 3) Plaintiff's cross-motion [# 26] to strike the testimony of Defendant's expert; and 4) Defendant's motion [# 32] to strike supplemental evidence and testing by Plaintiff's expert. Defendant's motions are granted, Plaintiff's cross-motions are denied, and this action is dismissed.

BACKGROUND

Unless otherwise noted, the following are the facts of this case, viewed in the light most-favorable to Plaintiff. On May 15, 2006, Plaintiff was an employee of a dairy farm in Corfu, New York. The farm utilized several tractors, including a Steiger CA–325 tractor (“the Steiger”), and a much smaller International Harvester tractor (“the International Harvester”). Plaintiff's employer, Dan Miller (“Miller”), had purchased the Steiger, in used condition, several years earlier.

The Steiger, which was manufactured by Defendant in 1982, had a braking system consisting of a single “air actuated” “power screw air disc brake.” Affidavit of Timothy Rhoades (“Rhoades Aff”) at Ex. C, p. 9. More specifically, the brake is a “sliding-caliper-syle” brake, which Plaintiff's expert witness, Orla L. Holcomb, Jr. (“Holcomb”), described as follows:

[T]here's two ways that you can—you can apply brakes on a disc brake.... On a fixed caliper brake, you have pistons on both sides of the disc. One set of pistons actuates the outboard lining, and another set operates the inboard lining[.]

* * *

Now, to get away from having to put an apply mechanism on each side of the disc, they went to a [sliding] caliper brake. Sometimes its called an anvil brake. That means that all you need on the outboard end is some little mechanism to hold it.

* * *

Sliding-caliper brakes, then, have only one apply system, be it a hydraulic piston or be it an air-applied piston, air-actuated piston.

When you put the brakes on a [sliding] caliper brake, you are first applying the brake to the inboard side of the disc, and then the caliper head is reacted by the other end of the hydraulics, and it pulls ¹ the anvil into contact with the disc.²

[The type of brake on the Steiger tractor is] a sliding caliper. I— I call it a rail slider. There's two types of sliding calipers. One is a—a pin slider. Pins—the brake slides on pins, and it pretty well controls the—the freedom of the disc—of the caliper to move. It pretty well guides the caliper, let's say. The other is a rail slider. The rail slider is just an abutment upon which the brake head abuts and transfers the force from the lining to the anchor or, in the case of the Goodrich brake, to the brake support.

Holcomb Dep. at 172–174 (emphasis added). Prior to the accident in this case, it appeared that the Steiger's brakes operated properly. In fact, Plaintiff indicates that the brakes were highly effective. Plaintiff's Deposition (“Pl. Dep.”) at 94.

Shortly before May 15, 2006, the Steiger's transmission failed, while being used for plowing at a neighboring farm, located about ten miles from Miller's farm. Because the Steiger's transmission was damaged, it could not be driven. Miller decided to have the disabled Steiger towed back to his farm, rather than attempting to repair it where it had broken down. Consequently, on May 15, 2006, Miller directed Plaintiff and a co-worker, Larry Carter (“Carter”), to take the smaller International Harvester to the neighboring farm and tow the much larger Steiger back to Miller's farm, using a large steel chain.

The Steiger's owner's manual warns against towing the tractor, to avoid damage to the tractor's transmission:

TOWING

If a problem should arise requiring repairs that cannot be done in the field, it is required that this tractor be transported on another vehicle and not towed.

The tractor CANNOT be towed to start the engine. Even though the transmission output shaft would be turning, the transmission internal oil pump would not. In this situation the transmission could not be lubricated or pressurized and severe transmission damage will result.

Affidavit of Vivian Quinn (“Quinn Aff.”), Ex. H.³ The tractor itself, though, did not bear any warning label cautioning users not to tow the tractor. Additionally, the Steiger's owner's manual, in the section entitled “Safety,” advised operators to use the tractor's engine to assist in braking when going down hills: “Do use the braking power of the engine; always downshift to lower gear before descending a steep grade. Brakes should always be properly maintained and adjusted.” Rhoades Aff., Ex. C at p. 6. However, because the Steiger's transmission was disabled, its engine could not be used to assist with braking. See, Rhoades Aff. at ¶ 12 (“[G]iven the condition of the Steiger tractor transmission/drive train, Mr. Carter and Mr. Hunt could not rely on engine braking.”).

In any event, despite these warnings and conditions, Plaintiff and Carter reluctantly followed Miller's order to tow the Steiger and attached plow along the chosen route, which included many large hills. In that regard, Carter understood that towing the tractor in that fashion could be dangerous, “if something went wrong.” Carter Dep. at p. 59. Nonetheless, Carter indicated that he was not worried about the Steiger's ability to brake on hills. Id. at p. 63 (Indicating that he was not concerned about coming down hills). Similarly, Plaintiff indicated that he had general misgivings about towing the Steiger, but “didn't think it would turn out as bad as it did.” Pl. Dep. 115.

As noted above, the road between Miller's farm and the neighboring farm included a number of large hills. Carter wanted to keep the towing chain between the two tractors taut while descending the hills, so he told Plaintiff not to use the brakes on the International Harvester, and to let him do the braking for both tractors using just the Steiger's brakes, and not its engine. ⁴ Carter Dep. at 63 (“I just told him, when we get to a hill, you just let me do the stopping, don't touch your brakes, because the chain will get slack, let me do the braking, I'll slow us both down.”). Immediately prior to attempting this operation, Carter examined and adjusted the Steiger's brakes, and he believed that they were in good working condition.⁵ Plaintiff and Carter then set out, with Plaintiff operating the International Harvester and towing the Steiger, and with Carter steering the Steiger and applying the brakes.

A few minutes into the journey, partway down a steep hill, Carter felt the Steiger's brakes fail. At deposition, Carter stated that his braking “foot went to the floor,” and “the brakes let loose.” Deposition of Larry Carter (“Carter Dep.”) at pp. 89–90; see also, id. at p. 97 (“I held my foot right on them, but there was nothing there.”). Unable to slow down, the Steiger rammed into the back of the International Harvester, causing both tractors to turn over onto their sides. Carter was uninjured, but Plaintiff, who was not wearing his seatbelt, sustained serious injuries to his right leg when he was partially ejected from the International Harvester's cab.

Immediately following the accident, Carter examined the Steiger's brakes, and concluded that the cause of the accident was “self-explanatory.” According to Carter,“[t]he brakes came apart. The equipment malfunctioned.” Carter Dep. at 133. More specifically, Carter stated that, “The brake pads had come apart.... The shoes came off the backing.” Id. at 128 (emphasis added). Carter did not observe anything else unusual about the brakes, although he did observe that the brake disc was still warm. Id. at 128–129. Plaintiff later spoke to Carter about the accident, and Carter reiterated that the brake pads had “fallen apart”: “[He said that] [t]he brakes got hot, they disintegrated; therefore, it wouldn't stop .... He said he pressed on the pedal and there was nothing there, they fell apart.” Pl. Dep. at 203–204.

Immediately after the accident, Miller had the Steiger repaired, with such repair consisting only of installing “new brake pads.” Carter Dep. at 133, 135–136; see also id. at 136 (“I just asked [the mechanic] what he had to do, and he just said it needed new pads.”). The repairman, Mr. Pfalzer (“Pfalzer”), “took the old pads, what was left of them.” Id. at 135.⁶ After the brakes were repaired, Carter and Miller continued to use the Steiger for farming. Id. at 134. Carter indicated that after the new brake pads were installed, the Steiger “work[ed] fine.” Id. at 134; see also, Miller Dep. at 116 (Indicating that the tractor “operate[d] properly” after Pfalzer repaired the brakes). There is no indication that the Steiger's brakes failed at any other time. Nor is Plaintiff aware of any other instance of brake failure involving a Steiger CA–325 tractor.

On February 12, 2009, Plaintiff commenced this diversity action. Presently, there are claims pending, under theories of negligence and strict products liability, for: 1) manufacturing defect; 2) design defect; and 3) failure to warn.⁷

On March 1, 2010, the Court issued a Scheduling Order [# 16], directing Plaintiff to identify any expert witnesses, and to provide expert reports, by...