Summary
The Alabama Supreme Court affirmed summary judgment for Keller Industries in an Alabama Extended Manufacturer's Liability Doctrine action arising from a plaintiff's fall from an aluminum ladder. The court held that the plaintiffs' expert testimony, including the unsupported assertion that the ladder was possibly underdesigned, did not create a genuine issue of material fact and was properly excluded or insufficient even if considered. The court declined to adopt the Daubert standard for civil cases and applied Alabama's general-acceptance standard for scientific expert testimony.
Holdings
- Summary judgment for Keller was proper because the Slays failed to present substantial evidence that the ladder was defective or negligently designed or manufactured, or that any such defect or negligence proximately caused Slay's injury.
- The judgment was proper under either possible rationale: the trial court acted within its discretion if it excluded Dr. Stephens's testimony, and summary judgment was proper if the court considered the testimony because it was insufficient to create a genuine issue of material fact.
- The court declined to decide whether to adopt Daubert's scientifically reliable standard in civil cases because Dr. Stephens's testimony would not satisfy either the existing Frye general-acceptance standard or the Daubert standard.
Questions Presented
- Whether the Slays presented substantial evidence of a defective or negligently designed or manufactured ladder and proximate causation sufficient to defeat summary judgment under the Alabama Extended Manufacturer's Liability Doctrine.
- Whether the trial court erred by excluding or, alternatively, by considering and rejecting the plaintiffs' expert's deposition testimony.
- Whether Alabama should adopt the Daubert scientifically reliable standard for expert testimony in civil cases.
Disposition
affirmed
Cases Cited (13)
- Alabama Insurance Guaranty Association v. Southern Alloy Corp., 782 So. 2d 203 (Ala. 2000)(followed)
- Jefferson County Commission v. ECO Preservation Services, L.L.C., 788 So. 2d 121 (Ala. 2000)(followed)
- Bussey v. John Deere Co., 531 So. 2d 860, 862 (Ala. 1988)(followed)
- Northwest Florida Truss, Inc. v. Baldwin County Commission, 782 So. 2d 274, 276 (Ala. 2000)(followed)
- Ex parte General Motors Corp., 769 So. 2d 903 (Ala. 1999)(followed)
- Lawson State Community College v. First Continental Leasing Corp., 529 So. 2d 926 (Ala. 1988)(followed)
- Cobb v. State, 50 Ala. App. 707, 710, 282 So. 2d 327, 329 (1973)(followed)
- King v. State, 266 Ala. 232, 95 So. 2d 816 (1957)(followed)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993)(not adopted)
- Courtaulds Fibers, Inc. v. Long, 779 So. 2d 198, 202 (Ala. 2000)(followed)
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Court Document
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