Mason v. Home Depot U.S.A., Inc.Mason v. Home Depot U.S.A., Inc.
Lead Opinion
Arvin Ritchey Mason and Claudia Mason (hereinafter, the Masons) sued The Home Depot U.S.A., Inc. and The Flecto Company, Inc. in 1997 for injuries Arvin Mason allegedly received in 1996 while using Varathane, a floor covering product manufactured by Flecto and sold by Home Depot, and for Claudia Mason’s resulting loss of
1. The Masons contend the statute violates the guarantees of equal protection of the laws found in the constitutions of the United States and Georgia. Specifically, they contend that because the statute imposes more stringent requirements for the admission of expert testimony in their tort action than applicable statutes would in criminal cases and in civil condemnation cases, they are disadvantaged in comparison to the parties in those types of cases.
Standing to challenge a statute on constitutional grounds in Georgia depends on a showing the plaintiff was injured in some way by the operation of the statute or that the statute has an adverse impact on the plaintiffs rights. Tennille v. State,
One challenging a statute on equal protection grounds must initially establish that he is similarly situated to members of the class who are treated differently from him. Quarterman v. State,
While we have not previously been called upon to decide specifically whether civil law litigants are similarly situated to criminal litigants, we note that procedure in civil cases is governed by the Civil Practice Act while procedure in criminal cases is governed by the provisions of Title 17 of the Official Code of Georgia, thus establishing a separation between the two spheres of litigation. We held in Sims v. State, supra,
The person who is asserting the equal protection claim has the burden to establish that he is similarly situated to members of the class who are treated differently from him. If the person asserting the violation cannot make the foregoing showing, there is no need to continue with an equal protection analysis.
(Citations and punctuation omitted.) Rodriguez v. State,
2. The Masons contend that
As to the underlying merits of the Masons’ constitutional challenges, the trial court was correct in finding that subsection (a) and subsection (b) (1) are contradictory. Specifically, subsection (b) (1) limits experts to relying on potentially admissible facts and data, whereas subsection (a) plainly states that facts and data relied upon need not be admissible. The two provisions cannot be harmonized and, read together, they render the statute unconstitutionally vague. The trial court, however, was not required to strike the statute in its entirety because we have held that invalid portions may be severed if, as here, they are not mutually dependent on the remaining portions and legislative intent is not compromised. Union City Bd. of Zoning Appeals v. Justice Outdoor Displays,
3. The Masons contend
Addressing the second sentence, the trial court agreed with the Masons that the suggestion that Georgia courts may consider federal authority in construing
We disagree with the trial court’s conclusion. The suggestion in the statute that Georgia “may” consider the decisions of other courts on the subject did not invade the province of the judiciary because it was not couched in mandatory terms and merely stated a principle of law regularly employed by Georgia courts. See, e.g., State v. Mayze,
Having already ruled subsection (f) unconstitutional, the trial court declined to rule on the Masons’ contention that the first sentence of the subsection was also unconstitutional. In the interest of judicial economy, we will address the arguments the Masons raise on appeal.
The Masons’ argument on this issue identifies two purported infirmities in the first sentence of subsection (f), that it delegates to the courts of Georgia, and ultimately to the courts and legislatures of other states, the legislative authority to prescribe rules of evidence, and that it denies due process of law to litigants because it has no clear guidelines on how Georgia courts are to exercise the delegated powers. At the heart of those arguments is the Masons’ assertion that the first sentence of subsection (f) constitutes a command to the courts of Georgia to rewrite Georgia law anytime any other jurisdiction announces a more strict standard for the admission of expert testimony.iThat assertion is the fatal flaw in their argument because the státement of intent in the first sentence of subsection (f) is no mbre than an explication by the legislature of its goal in enacting the statute. It contains no words of command which would invade the province of the judiciary or would delegate to the judiciary the legislature’s duty. “It is always the duty of a court, in construing a statute, to ascertain and give full effect to the legislative intent....”
4. Contending they have a vested right to application of the evidentiary rules in effect prior to the passage of
5. Finally, the Masons assert that the trial court, in applying the statute, erred in its decision to exclude the testimony of the experts used by the Masons at the first trial. They identify two basic decisions of the trial court as error: applying the standards identified in Daubert v. Merrell Dow Pharmaceuticals, supra, and concluding that the Masons’ expert witnesses, Dr. Ziem and Dr. Huggins, could not testify as experts on causation and labeling, respectively, because the methods they employed in reaching their opinions do not meet the standards of
As we noted above, it is proper to consider and give weight to constructions placed on the federal rules by federal courts when applying or construing a statute based on those rules. See, e.g., Turpin v. Todd,
[WJhether “a witness is qualified to render an opinion as an expert is a legal determination for the trial court and will not be disturbed absent a manifest abuse of discretion.” (Citation and punctuation omitted.) Moran v. Kia Motors America, Inc.,
The trial court based its exclusion of Dr. Huggins’s testimony as an expert on labeling on the methods he used in reaching his opinion. In considering Dr. Huggins’s methods, the trial court noted that Dr. Huggins based his opinions primarily on toxicity data concerning Varathane’s constituent chemicals without regard to the quantity of each chemical in the product or such factors as evaporation rates, used standards having no specific relevance to consumer use of products, and based his opinion solely on data he obtained from the Internet and from the Masons’ attorneys. Considering those findings, we conclude the trial court did not abuse its discretion in determining Dr. Huggins’s testimony was not “the product of reliable principles and methods. . . .”
Having concluded that the trial court’s decisions on the constitutional issues properly before this Court on appeal were correct or constituted harmless error, and that the trial court’s exclusion of the opinion testimony of Dr. Ziem regarding causation and Dr. Huggins regarding labeling was not an abuse of discretion, we find no basis for reversing the trial court’s judgment.
Judgment affirmed in part and vacated in part.
Notes
The statute reads, in pertinent part, as follows:
(a) The provisions of this Code section shall apply in all civil actions. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved hy other witnesses. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing or trial. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury hy the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.
(b) If scientific, technical, or other specialized knowledge will assist the trier of fact in any cause of action 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, if:
(1) The testimony is based upon sufficient facts or data which are or will be admitted into evidence at the hearing or trial;
(2) The testimony is the product of reliable principles and methods; and
(3) The witness has applied the principles and methods reliably to the facts of the case.
(f) It is the intent of the legislature that, in all civil cases, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc.,
To the extent the Masons’ argument on equal protection concerns how criminal defendants are disadvantaged by the TRA, they lack standing to make that argument because they are not criminal defendants. “A party will not he heard to complain of the violation of another person’s constitutional rights.” Sims v. State,
The trial court severed the phrase “which or will be admitted into evidence at the hearing at trial” from
Although this Court generally will not rule on a challenge to the constitutionality of a statute unless the issue has been raised and ruled on in the trial court (Poppell v. Gault,
Concurrence Opinion
concurring specially.
Although I concur with the remainder of the majority’s opinion, I cannot concur with Division 2, as I believe that the provisions of
In analyzing this case, we must not lose sight of the three basic principles of statutory construction.
First, courts should construe a statute to give sensible and intelligent effect to all of its provisions and should refrain, whenever possible, from construing the statute in a way that renders any part of it meaningless. Second, a court’s duty is to reconcile, if possible, any potential conflicts between*281 different sections of the same statute, so as to make them consistent and harmonious. Third, in construing language in any one part of a statute, a court should consider the entire scheme of the statute and attempt to gather the legislative intent from the statute as a whole.
(Citations and punctuation omitted.) Sikes v. State,
With these principles in mind,
In summation, I believe subsections (a) and (b) work together to create a framework in which, to be admissible, the expert opinion must be based on a sufficient amount of admissible facts (including facts which are automatically admissible and inadmissible facts with the potential to be admitted at the trial court’s discretion) to provide the jury with some means of analyzing the expert’s conclusion. When
Rather than harmonizing the statute and construing the entirety of its language, as we are required to do, the majority concludes that subsections (a) and (b) (1) are contradictory because “subsection (b) (1) limits experts to relying on potentially admissible facts and data, whereas subsection (a) plainly states that facts and data relied upon need not be admissible.” This observation, however, is actually proof that the statutory provisions work in harmony when the entirety of subsection (a) is properly considered. In language not considered by the majority, subsection (a) makes it clear that all inadmissible evidence properly relied on by an expert is, in fact, potentially admissible. It states:
If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.
(Emphasis supplied.) Taking this important language into consideration, subsections (a) and (b) (1) are clearly not contradictory, as each subsection contemplates that an expert opinion may be based on some combination of admissible and inadmissible facts and data. There is simply no contradiction in the plain language of the statute, taken as a cogent whole, and the majority errs by creating one based on a narrow reading of selected provisions.
Dissenting Opinion
dissenting.
1. I cannot agree with the majority’s holding in Division 1 that parties in criminal and civil cases are not similarly situated when it comes to the qualifications of expert witnesses. Because I would hold that they are similarly situated and, further, that there is no rational basis for the distinction drawn by the Legislature, I would find that
I would recognize that, for purpose of analyzing appellants’ equal protection challenge, civil and criminal litigants are similarly situated and that no rational basis exists for treating them differently. There is no rational reason to subject evidence affecting an individual’s life and liberty to less rigorous standards of admissibility than that applied to evidence affecting mere property. The expert opinion evidence heard by a jury deciding a negligence claim against a podiatrist should not be more reliable than expert opinion evidence admitted to support imposition of a death sentence. While this Court has upheld different evidentiary standards between criminal and civil trials, e.g., Sims v. State,
There is no rational reason for the Legislature to limit solely to civil cases the use of expert opinion testimony that is the product of reliable principles and methods applied reliably to the facts of a case. By creating different standards of admissibility based only on the nature of the litigation,
2. I am also compelled to write in opposition to the majority’s opinion upholding the constitutionality of
[i]t is the intent of the legislature that, in all civil cases, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc.,509 U.S. 579 (1993); General Electric Co. v. Joiner,522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael,526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases.
The Constitution vests all legislative power in the General Assembly. Art. Ill, Sec. I, Par. I. It vests all judicial power in the courts. Art. VI, Sec. I, Par. I. It commands that these powers “remain forever separate and distinct.” Art. I, Sec. II, Par. III. As we have long
While the line of demarcation separating the legislative, judicial, and executive powers may sometimes be difficult to establish, and for this reason each of the three co-ordinate branches of government frequently invades the province of the others, it is nevertheless essential to the very foundation of our system of government that the mandate of the constitution be strictly enforced. The judicial branch doubtless invades the legislative field more frequently than does the legislative branch the judicial field, but it is the duty of each to zealously protect its function from invasion of the others. The legislature has ample power to prevent attempted judicial legislation. Likewise the judiciary has the power to prevent judicial functions by the legislature, and the welfare of the State demands that it exercise this power when necessary.
McCutcheon v. Smith,
Subsection (f) of
[i]t is beyond the power of the General Assembly to specify what evidence can or can not be introduced to prove just and adequate compensation. If [the Legislature] have such power they could exclude all evidence and thus destroy the Constitution and private property also. If they can by the 1966 Act exclude evidence held judicially to be relevant and*286 admissible as was done in [an earlier opinion], they can render the judiciary impotent. [Cits.]
Id. at 68. We have recognized that our zealous protection of the courts is necessary because “[s]uch palpable usurpation of exclusive judicial functions by the legislature offends the Constitution, paralyzes the judicial function, . . . and constitutes a potential destruction of the judicial process.” Northside Manor, Inc. v. Vann,
Rather than zealously protecting judicial functions from legislative usurpation, the majority chooses instead to characterize the Legislature’s codified directive in
The majority depicts subsection (f) as a “permissive suggestion” but since when have the courts of this State needed the Legislature to “suggest” that we have “permission” to consider Federal and foreign authorities in interpreting Georgia statutes? The courts are completely capable of identifying cases that we “may draw from” with or without the Legislature’s permission. It is, after all, a primary function of courts to identify the legal precedent that is pertinent to the interpretation of a statute. Thus, even when characterized as a “suggestion,” I would recognize that subsection (f) constitutes an impermissible encroachment on judicial authority.
The majority’s opinion, by not merely permitting but positively condoning the Legislature’s usurpation of judicial functions, will open the floodgates to future legislative “suggestions” directing the courts in the manner in which statutes “may” be interpreted. Rather than using its power to amend statutes or enact new law to address judicial rulings with which it disagrees, the Legislature is now empowered to preempt such problems by codifying the precise manner in which it wants its statutes interpreted by the courts, even to the point of directing the courts to the case citations for the appellate opinions it deems applicable.
In addition to the not insignificant separation of powers violation presented by
begs the question: to which other states are our courts to look when deciding whether expert evidence is admissible? According to one study, in 2004 there were 26 states classified as Daubert states and 15 classified as Frye [u. United States, 293 F 1013 (D.C. Cir. 1923)] states, with the remainder “rely[ing] only on their state equivalents of the original [Federal Rule of Evidence] 702. . . . Although there are 26 Daubert states, there are significant differences among them, primarily due to how narrowly they apply the reliability requirement. [Cit.]
(Emphasis in original.) Aside from amply demonstrating the Legislature’s ignorance of the development of post-Daubert law, application of the Legislature’s “intent” in subsection (f) leads to the absurd result that “other states” would govern the admissibility of expert opinion testimony in Georgia. Whether considered as a directive or a mere statement of intent, subsection (f) is so vague that people of common intelligence must necessarily guess as to its meanings and differ as to its application. It should accordingly be deemed void. See generally Anderson v. Atlanta Committee for the Olympic Games, Inc.,
In conclusion, the decisions of this Court have made it unmistakably clear that while the Legislature alone can enact laws, the Judiciary alone can construe those laws. Northside Manor, supra,
I am authorized to state that Justice Carley joins in Division 2 of this dissent.
In asserting in its footnote 2 that appellants lack “standing” to raise this constitutional claim, the majority mischaracterizes appellants’ equal protection challenge. Appellants do not assert that criminal defendants are “disadvantaged” by
The statute expressly recognizes that objections may be made and the report’s author called for cross-examination or rebuttal when there are disputes over any portion of the medical record. Id. at (a).
Given this express holding by the trial court, I can only puzzle over the majority’s statement that the trial court ruled only on the separation of powers violation and did not otherwise address the constitutionality of the first sentence of
Because I would hold that