Kechi Township v. Freightliner, LLC et al

Filing 152

MEMORANDUM AND ORDER regarding 119 Motion to Exclude. SEE ORDER FOR DETAILS. Signed by District Judge Monti L. Belot on 1/4/2012. (alm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

KECHI TOWNSHIP, et al.,
Plaintiffs,
v.
FREIGHTLINER, LLC n/k/a DAIMLER
TRUCKS NORTH AMERICA LLC,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION
No.

10-1051

MEMORANDUM AND ORDER
This case comes before the court on defendant Freightliner, LLC
n/k/a Daimler Trucks North America LLC’s (“Daimler”) motion to limit
or exclude the testimony and opinions of plaintiffs’ expert Don
Birmingham

(Doc.

119)

and

memorandum

in

support

(Doc.

120).

Plaintiffs Kechi Township and Employers Mutual Casualty Company
(“Kechi”) have responded (Doc. 128) and the matter is ripe for
decision.
On January 4, 2012, the court held a Daubert hearing and heard
Birmingham’s

testimony

related

to

his

opinions

regarding

combustibility of insulation.1
For the reasons stated in open court, the court finds that
Birmingham's opinions on this issue are not reliable under the
Daubert/Kuhmo Tire standards and will not be allowed.

Daubert v.

Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589, 113 S. Ct. 2786,
125 L. Ed. 2d 469;
1

Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152,

The court held in its order dated December 30, 2011, that
Birmingham may testify about his opinions related to the origin of the
fire. (Doc. 148).

119 S. Ct. 1167, 143 L. Ed. 2d 238 (1999).

IT IS SO ORDERED.
Dated this 4th day of January 2012, at Wichita, Kansas.

s/ Monti Belot
Monti L. Belot
UNITED STATES DISTRICT JUDGE

-2-