Plaintiff, William Harrison Sims’ claims arise out of an October 24, 2019, two-vehicle collision involving Plaintiff, who was operating the 2004 BMW (“Subject BMW”). Tameca Harris-Jackson (“Harris-Jackson”) was operating the Hyundai that collided with the Subject BMW. Plaintiff alleges he sustained “severe, permanent, and life-altering injuries” due to the driver-side Takata airbag unexpectedly rupturing and shooting “metal shrapnel into his face and body.”
Defendants procured and installed the airbag inflator during the process of “designing, manufacturing, assembling, and producing” the vehicle. Plaintiff brought this action for damages against both Defendants BMW of North America (“BMW NA”) and Bayerische Motoren Werke AG (“BMW AG”), alleging strict liability and negligence from procuring and installing the airbag.
Plaintiff submitted that Mr. Robert C. Lange, BMW’s mechanical engineer, is prepared to opine that he is unaware of any evidence showing the Defendants “could have been aware air bag systems supplied by Takata to BMW AG were defectively designed prior to Takata’s announcement of defect findings beginning in 2014.”
Lange will also opine that when the subject 2004 BMW was distributed by BMW NA, “no motor vehicle manufacturer or distributor could have known of the technical research findings regarding the latent defect in Takata air bag inflators because the science was not settled until 2015-2016.”
He also contended that Takata falsified data provided to vehicle manufacturers through 2015 and failed to correct the false data once the defect was discovered. Plaintiff argued that Lange’s opinions were unsupported and unreliable.
Automotive Engineering Expert Witness
Robert Lange has over 50 years of experience in automotive engineering. He specializes in motor vehicle systems architectures, structures, safety, and public health.
Lange has experience in statistical analysis of motor vehicle service performance databases, statistical forecasting and reliability analysis, FMEA and failure mode avoidance methods, collision-related data acquisition and analysis, safety rulemaking, strategy, and the like.
Discussion by the Court
The issue is whether Lange’s opinions are based on sufficiently reliable methods and principles. If they are, then Lange’s opinions are undoubtedly helpful to the jury. If his opinions are unsupported ipse dixit, they must be excluded.
Lange’s Methodology and Opinions
Plaintiff contended that BMW knew that the subject vehicle was defective because the airbag inflator used phase-stabilized ammonium nitrate (“PSAN”) as the airbag’s propellant, causing the inflator to rupture when the airbag deployed during the accident.
Lange discussed his investigation into the Takata air bag failures. He noted that Honda conducted the first recall of Takata air bag systems for inflator failure in a letter dated November 11, 2008.
National Highway Traffic Safety Administration (“NHTSA”) hired Dr. Harold Blomquist to assist in its Takata defect investigation and issued his report in 2015.
Documents from the Recall Query revealed that Takata represented to Honda that the ruptures were caused by a “Stokes press” that forms propellant into a wafer, causing the propellant to burn too quickly and rupture the inflator. Accordingly, in 2010, Honda expanded the recall to include the new basis. Between 2010 and 2013, Honda and Takata continued to receive reports of inflator ruptures, and Takata retained consultants to conduct a root cause analysis.
Takata’s root cause analysis continued, and in 2014, research pointed to moisture and temperature in high absolute humidity regions as causing an increased propellant burn rate. Lange, however, concluded that “during the inflator development phases, Takata falsified data provided to vehicle manufacturers. When the false data was discovered, Takata failed to correct the false data by informing the manufacturer and correcting the record.”
Plaintiff’s Objections
Plaintiff challenged the admissibility of the following opinions offered by Lange:
75. I am unaware of any evidence showing BMW AG and BMW NA could have been aware air bag systems supplied by Takata to BMW AG were defectively designed prior to Takata’s announcement of defect findings beginning in 2014.
76. As of the date of distribution of the Subject 2004 BMW 330Ci, by BMW NA, no motor vehicle manufacturer or distributor could have known of the technical research findings regarding the latent defect in Takata air bag inflators. The science was not settled until 2015-2016.
Plaintiff also challenges the following statement made by Lange:
“During the inflator development phases, Takata falsified data provided to vehicle manufacturers. When the false data was discovered, Takata failed to correct the false data by informing the manufacturer and correcting the record. Takata’s false dealings with vehicle manufacturers evidently extended into 2015.”
Plaintiff contended that Lange will confuse the jury if permitted to offer evidence that Takata lied to other vehicle manufacturers without having proof Takata lied to BMW. Moreover, Lange “knows little about the relationship between BMW and the supplier of the defective airbag inflator at issue in this case, Takata.”
Plaintiff also argued that Lange’s opinion that he is “unaware of any evidence” showing BMW’s knowledge of the defect is not helpful to the jury. Plaintiff asserted that Lange failed to inform himself on the subject matter sufficiently, and his lack of evidence that BMW was aware of the risks attendant to using PSAN does not equate with BMW’s lack of knowledge.
Ruling
Lange has extensive experience working at Ford Motor Company, Failure Analysis Associates, and the General Motors Corporation. During his work with Ford, Lange was responsible for vehicle design and remedying safety defects serviced as recall actions. As the Safety Executive with General Motors, Lange oversaw research projects involving air bags, occupant restraint systems, driver assist technology, and other vehicle systems. He also supervised the “Product Investigations” Department and was responsible for identifying potential safety defects and initiating investigations. In other words, the Court held that Lange possesses the requisite experience to review the data, investigative reports, and shifting root-cause analysis discussed in his report.
On balance, the Court did not find that Lange’s opinions rest on mere ipse dixit and instead are based on his review of relevant documents showing Takata’s shifting root cause analysis. Takata initially focused on a manufacturing defect before conceding that the defect had broader implications, which was consistent with Takata hiding the ball from BMW. Basing one’s opinions on the Honda recall and subsequent NHTSA investigations to conclude that the science was not settled until the mid-2000s is a sufficiently reliable methodology. Lange’s opinion that BMW NA was not responsible for the defective design of the subject inflator and that BMW was not on notice until around 2015 was supported by these evolving investigations.
Held
The Court denied Plaintiff’s motion to exclude certain opinions of Robert C. Lange.
Key Takeaway:
Lange reviewed the data, investigative reports, and shifting root-cause analysis to conclude that Takata falsified data provided to vehicle manufacturers through 2015 and failed to correct the false data once the defect was discovered.
Case Details:
| Case Caption: | Sims V. Bmw Of North America LLC |
| Docket Number: | 6:22cv1685 |
| Court: | United States District Court, Florida Middle |
| Order Date: | February 20, 2025 |
Please refer to the blogs previously published about this case:
Accident Reconstruction Expert Witness’ Testimony Admitted Despite His Failure to Calculate G-Force
Neurology Expert Witness’ Injury Causation Testimony Admitted
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