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Darbonne v. Wal-Mart Stores11/2/2000
complete, the appellate court should make its own independent de novo review of the record and determine by a preponderance of the evidence. Evans v. Lungrin, 97-954 (La. 2/6/98); 708 So.2d 731.
Insufficiency of the evidence arguments ordinarily apply when the party with the burden of proof lacks the necessary evidence to tip the scales over to the level of the applicable standard, whether it be by beyond a reasonable doubt, by clear and convincing evidence, or as here, by a preponderance of the evidence. They also ordinarily apply when the evidence is undisputed, but the defendant contends that, as a matter of law, the evidence is simply too tenuous to reach the required burden of proof. Here, in fact, the Darbonnes, the party bearing the burden of proof, do offer evidence to prove the elements of their cause of action in the form of the testimony of their expert witness. This evidence is contested by Johnson Controls and its insurer who offer their own expert testimony. The case therefore boils down to a battle of the experts over how to explain the cause of the explosion by looking at the battery after the fact. As the reviewing court, we must first resolve any factual conflicts by application of the manifest error rule. Ambrose, 639 So.2d 224 (Lemmon, J. concurring). This rule dictates that the appellate court should not disturb the express or implied factual findings of the trier of fact. Id. Therefore we, as the reviewing court, must view all of the evidence in the light most favorable to the party who prevailed in the trial court. This evidence, which consists both of undisputed facts, that is, the explosion of the battery, and of disputed facts, that is, the cause of the explosion, is thus viewed under the manifest error rules.
The Court's Inquiry into the Qualifications of Plaintiff's Expert Witness
The defendants assert that the trial judge did not conduct the necessary inquiry into the qualifications and expertise of Woodrow Nelson, plaintiffs' expert witness, prior to accepting his testimony. The defendants apparently take issue with the fact that Mr. Nelson's deposition and his curriculum vitae were accepted into evidence without a formal tender of his qualifications to the court.
The requirements of expert testimony are set forth in La.C.E. art. 702. It states as follows:
f scientific, technical or other specialized knowledge will assist the trier of fact 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.
In Mistich, 95-0939, 666 So.2d 1073, the Louisiana Supreme Court pronounced its standard of review for the appellate courts with regard to a trial court's decision for the admissibility of expert testimony pursuant to La. C.E. art. 702 stating that " trial judge has wide discretion in determining whether to allow a witness to testify as an expert, and his judgment will not be disturbed by an appellate court unless it is clearly erroneous." Id. at 1079. Louisiana has adopted the United States Supreme Court's interpretation of Federal Rule of Evidence 702, which mirrors Louisiana Code of Evidence Article 702. State v. Foret, 628 So.2d 1116 (La.1993); White v. State Farm Mutual Automobile Ins. Co., 95-551 (La.App. 3 Cir. 7/17/96); 680 So.2d 1; See Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786 (1993). Daubert calls upon trial courts to perform a gatekeeping function by deciding whether the expert evidence or testimony is both reliable and relevant. Daubert, 509 U.S. 588, 113 S.Ct. 2794. Another recent Supreme Court case has recognized that Daubert's "g
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