Gunn Hill Dairy Properties, LLC v. Los Angeles Department of Water & Power
2012 UT App 20
| Utah Ct. App. | 2012Background
- IPP in Millard County owned by Intermountain Power Plant entities emitted stray DC; plaintiffs allege stray current damaged dairy farms' pipes/equipment and affected herd health; 1987 IPP began operations and DC testing followed; 2005 suit filed by present/former dairy owners; Dr. Keeter designated as causation/damages expert with Neubauer, Zipse, Shirilau, Sheble; trial court excluded Keeter's causation/damages opinions and partially admitted others; October 2009 order led to interlocutory and cross-appeals; Utah Court of Appeals partially reversed and affirmed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Keeter’s causation testimony was admissible under Rule 702 | Keeter’s expertise on dairy medicine and exposure to stray current provides threshold reliability | Keeter’s methods conflict with manuals and epidemiology; insufficient differential diagnosis | Keeter’s testimony admissible; court misapplied threshold reliability |
| Whether Neubauer, Sheble, and Shirilau testimonies were admissible | Neubauer/Sheble/Shirilau used reliable measurements linking IPP to stray current | Trial court properly scrutinized reliability under Rule 702 | Admissible; trial court’s ruling not error-free but within discretion |
| Scope and propriety of the cross‑appeal in interlocutory review | Cross‑appeal issues exceed petition scope | Cross‑appeal permitted and may address issues from the same order | Court may review issues within the order but may limit scope of cross‑appeal |
Key Cases Cited
- Eskelson II v. Davis Hosp, 2010 UT 59 (Utah 2010) (gateway function of Rule 702; threshold reliability varies with complexity)
- Rimmasch v. State, 775 P.2d 388 (Utah 1989) (baseline Rimmasch test for reliability under prior rule 702/Daubert framework)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (expands gatekeeping to all expert testimony; general approach to reliability)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (threshold for scientific validity of expert testimony (Daubert I))
- Daubert v. Merrell Dow Pharmaceuticals, Inc. (Daubert II), 43 F.3d 1311 (9th Cir. 1995) (court's reliability analysis and applicability to expert methodology)