Opinion

Smith v. China Manufacturers Alliance L L C

Court
District Court, W.D. Louisiana
Filed
Jul 2, 2025
Cited by
0 cases
Authority
More cited than 37.3%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAKE CHARLES DIVISION

BILLY SMITH CASE NO. 2:19-CV-01111

VERSUS JUDGE JAMES D. CAIN, JR.

CHINA MANUFACTURERS ALLIANCE L MAGISTRATE JUDGE LEBLANC

L C ET AL

MEMORANDUM ORDER

Before the court is a Daubert Motion to Exclude the Testimony of Defendants’

Expert Franklin Peretti, filed by plaintiffs. Doc. 174. Defendants China Manufacturers

Alliance (“CMA”) and Shanghai Huayi Group Corporation Ltd., f/k/a Double Coin

Holdings Ltd. (“SHG”) oppose the motion. Doc. 193.

I.

BACKGROUND

This suit arises from a motor vehicle accident that occurred on September 7, 2018,

in Vinton, Louisiana. Doc. 1, att. 2. Plaintiffs allege as follows: On that date, Billy Smith

was operating a 2016 Kenworth T880 dump truck while traveling westbound on Interstate

10. Id. at ¶ 3. The vehicle was outfitted with Chinese-manufactured steel belt radial truck

tires, manufactured by SHG and distributed by CMA under the trade name “Double Coin

tires.” Id. at ¶¶ 6–7. The accident occurred when Smith’s tires suffered a catastrophic

tread/belt separation, overturning the vehicle and severely injuring Smith. Id. at ¶¶ 4, 18.

Smith filed suit in state court on July 11, 2019, raising claims against CMA and

SHG under Louisiana Civil Code article 2315 based on their negligent design,

manufacture, and distribution of the tires. Id. at ¶¶ 6–17. CMA removed the suit to this

court on the basis of diversity jurisdiction, 28 U.S.C. § 1332. Doc. 1. Smith passed away

on September 4, 2021, and his surviving spouse and four adult children were substituted

as plaintiffs. Doc. 44, att. 1; doc. 65.

Defendants seek to introduce testimony from forensic pathologist Dr. Franklin

Peretti on Mr. Smith’s cause of death.1 Plaintiffs now move to exclude that testimony under

the standards set forth in Federal Rule of Evidence 702 and Daubert v. Merrell Dow

Pharmaceuticals, Inc., 509 U.S. 579 (1993). Doc. 174. Defendants oppose the motion.

Doc. 193.

II.

LAW & APPLICATION

A. Governing Law

The trial court serves as gatekeeper in determining the admissibility of expert

testimony, by making an initial determination of whether the expert’s opinion is relevant

and reliable. See Daubert, 509 U.S. at 589. This gatekeeping function extends to all expert

testimony, whether scientific or not. Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137,

147 (1999). Accordingly, Federal Rule of Evidence 702 provides that the court must

consider the following three requirements on challenges to experts: 1) qualifications of the

expert witness; 2) relevance of the proposed testimony; and 3) reliability of the principles

1 Defendants maintain that Mr. Smith’s cause of death is irrelevant if the court adopts the magistrate judge’s report

and recommendation and excludes the wrongful death claims. In ruling on the defense’s omnibus motion in limine

[doc. 219], however, the court determined that Mr. Smith’s cause of death was also relevant to the pending survival

action—if, as plaintiffs contend, Mr. Smith died due to his head injury sustained in the subject accident, then his

suffering up until the time of his death was likely magnified.

and methodology on which the testimony is based.2 The proponent of the expert testimony

bears the burden of proving its admissibility, by a preponderance of the evidence. Mathis

v. Exxon Corp., 302 F.3d 448, 459–60 (5th Cir. 2002).

The trial court has broad latitude in determining the admissibility of expert

testimony. Guy v. Crown Equip. Corp., 394 F.3d 320, 325 (5th Cir. 2004). Rejection of

expert testimony is the exception rather than the rule, and the court’s role as gatekeeper

“does not replace the traditional adversary system and the place of the jury within the

system.” Johnson v. Samsung Electronics Am., Inc., 277 F.R.D. 161, 165 (E.D. La. 2011);

Scordill v. Louisville Ladder Grp., LLC, 2003 WL 22427981, at *3 (E.D. La. Oct. 24,

2003). Instead, “[v]igorous cross-examination, presentation of contrary evidence, and

careful instruction on the burden of proof are the traditional and appropriate means of

attacking shaky but admissible evidence.” Scordill, 2003 WL 22427981 at *3 (quoting

Daubert, 509 U.S. at 596).

B. Application

Dr. Peretti conducted the only autopsy on Mr. Smith. See doc. 193, att. 1. Plaintiffs

do not challenge his qualifications but maintain that he lacked a sufficient factual basis for

his opinions because he did not have Mr. Smith’s complete medical records when he

conducted the autopsy.

2 The Daubert Court identified several additional factors for assessing whether the expert’s methodology is valid and

reliable, including whether the expert’s theory had been tested and subjected to peer review, the known or potential

error rate for the expert’s theory or technique, the existence and maintenance of standards and controls, and the degree

to which the technique or theory has been generally accepted in the scientific community. Moore v. Ashland Chemical,

Inc., 151 F.3d 269, 275 (5th Cir. 1998). However, the same standards cannot be applied to all possible fields of

expertise. Accordingly, the Daubert analysis is necessarily flexible and fact-specific. Kumho, 526 U.S. at 150.

Dr. Peretti is a forensic pathologist with over 30 years of experience. Doc. 193, att.

2. He has served as associate or assistant medical examiner for the Arkansas State Crime

Laboratory, the Baltimore Office of the Chief Medical Examiner, and the Rhode Island

Medical Examiner’s Office. Id. He conducted an autopsy on Mr. Smith on September 10,

2021, less than a week after his death, and summarized his findings:

I. Status-post remote craniocerebral trauma:

A. Cortical contusions, remote.

II. Hypertensive arteriosclerotic cardiovascular disease:

A. Cardiomegaly with left ventricular hypertrophy, 500 grams.

B. Atherosclerosis of coronary arteries.

C. Nephrosclerosis.

III. Fatty, fibrotic liver.

Doc. 193, att. 1, p. 1. He also noted evidence of a “remote injury” from the 6-inch surgical

scar on Mr. Smith’s head, observing no underlying skull fracture but finding “a remote

yellow-brown contusion involving the right frontal lobe of the brain, immediately adjacent

to the longitudinal fissure” and “multiple small, yellow-brown cortical contusions” in the

left frontal white matter. Id. at 3. Based on the forensic evidence, however, he opined that

“63-year-old, white male, Billy Joe Smith, died of hypertensive arteriosclerotic

cardiovascular disease.” Id. at 2.

Dr. Peretti admitted at his deposition that he was not given any medical records or

history at the time of the autopsy. Doc. 174, att. 2, pp. 10–11. Since that time, and before

his deposition, he reviewed the death certificate provided by Calcasieu Parish coroner Dr.

Terry Welke (who performed a limited post-mortem examination in lieu of an autopsy), the

report of plaintiffs’ treating neurologist Dr. David Weir (who did not examine Mr. Smith

after his death), and the report and deposition of plaintiffs’ consulting neurologist, Dr. Ian

Hood (who never examined Mr. Smith). Id.; doc. 193, att. 2, pp. 66–67; see doc. 44, att. 1

(death certificate); doc. 193, att. 4 (Weir report).3 He admitted that all of the information

with the exception of Dr. Hood’s report was only provided to him on the morning of his

deposition. Doc. 174, att. 2, p. 7. He also admitted that it was “sort of an unfair autopsy”

because he lacked any information at the time, including the death certificate. Id. at 14.

Because of the lack of medical history, he did not fix the brain in formalin and perform a

neuropathic examination. Id. at 49. He advised, however, that he was not adverse to

changing his opinion on a cause of death if provided with sufficient evidence. Doc. 193,

att. 3, pp. 66–67. He found no basis in the reports provided to do so. Id.

Drs. Hood, Weir, and Welke came to a different conclusion on Mr. Smith’s cause of

death, and will be able to defend that conclusion at trial based on their familiarity with the

alleged progression of Mr. Smith’s neurological injury if properly qualified. But Dr. Peretti

is a qualified forensic pathologist and performed the only autopsy in this matter. He

examined Mr. Smith’s brain and, even after reviewing the relevant medical opinions, found

no basis to change his conclusion. Plaintiffs may cross-examine him as to the sufficiency

of his autopsy and what findings he might have missed without a neuropathic examination.

They fail to show, however, that his conclusions are so unfounded as to provide no aid to

the jury under Federal Rule of Evidence 702.

3 The parties have provided only a brief excerpt of Dr. Hood’s deposition and his report is not in the record. The

Daubert motion concerning him is limited to the relevance of opinions on Mr. Smith’s cause of death. See doc. 182.

But plaintiffs do not contest defendants’ assertion that Dr. Hood never examined Mr. Smith, and the court therefore

accepts it as true for the purposes of this motion.

Il.

CONCLUSION

For the reasons stated above, IT IS ORDERED that plaintiffs’ Daubert Motion

[doc. 174] be DENIED.

THUS DONE AND SIGNED in Chambers on the 2nd day of July, 2025.

. = JAMES D. CAINTR: C .

UNITED STATES DISTRICT JUDGE

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