The Illinois Supreme Court has said expert witnesses may cite governmental recommendations and industry standards as reasons for their findings, but the reasons must first pass muster with the judge.
The Dec. 3. ruling was written by Justice Thomas Kilbride with concurrence from Chief Justice Anne Burke and Justice Mary Jane Theis. Justice Lloyd Karmeier specially concurred, joined by Justices Rita Garman and Michael Burke. Justice P. Scott Neville Jr. did not take part.
The ruling favored Dale Gillespie and his wife, Christine, in their Cook County Circuit Court action against East Manufacturing, of Randolph, Ohio.
Former Illinois Supreme Court Justice Lloyd A. Karmeier
| Illinoiscourts.gov
In 2012, Dale Gillespie was a truck driver, who was working with a dump trailer made by East. He said he slipped from the trailer's steps and landed on his feet, experiencing sharp pain in his back, according to court papers. The Gillespie couple sued.
In a deposition, Gillespie's expert, Gary Hutter, said the steps were dangerous, because of their spacing and width, as well as the lack of side rails. Hutter added the steps did not comply with recommendations from the U.S. Occupational Safety and Health Administration or with industry standards.
Cook County Judge John Ehrlich granted East's motion to toss the suit, saying OSHA standards don't apply to trailers and industry standards are not binding on manufacturers. Ehrlich also noted East built the trailer according to the buyer's specifications, and the buyer had modifications made after receiving the trailer.
Gillespie appealed and won, with the appeals panel determining Hutter's deposition was sufficient to call into question the trailer's safety. East then sought out the state high court.
First off, Justice Kilbride pointed out OSHA regulations and industry standards are not the "touchstone" of the appeal. Rather, the issue was whether experts may use such data to buttress their opinion. In this case, Kilbride said they may, as the Illinois Supreme Court established in 2002.
"This court concluded that 'an expert must be allowed to testify regarding the basis for his opinion [citations] because an expert’s opinion is only as valid as the reasons that underlie it,'" Kilbride said, referring to the 2002 ruling.
Justice Karmeier agreed with Kilbride, but said Kilbride's opinion did not go far enough.
"It misapprehends the legal analysis required here, leaving an incorrect impression that experts may always rely on regulations and standards as a basis for their opinions and must be allowed to testify to such evidence at trial to explain the basis for their opinion in every circumstance," Karmeier noted.
Karmeier cautioned that Kilbride's conclusion, without clarification, "could be misconstrued to impermissibly undermine the trial judge’s role as a gatekeeper."
Karmeier explained information relied upon by experts is broader than information permitted before a trier of fact, be it a judge or jury. However, the trial judge is the "gatekeeper" who determines whether the information is "reliable," according to Karmeier.
"Therefore, while regulations and standards are trustworthy information upon which an expert’s opinion may be based, they are not always an appropriate basis for an expert’s opinion," Karmeier pointed out.
In the Gillespie case, Karmeier noted Hutter provided a factual basis for his opinion and did not solely use OSHA and industry standards.
The suit was returned to circuit court for further proceedings.
Kilbride and Karmeier both left the Illinois Supreme Court Dec. 6. Voters in the November election did not support Kilbride's retention for another term on the court.
Karmeier retired.
Gillespie has been represented by Chicago lawyer Michael Rathsack and the Chicago firm of Faklis, Tallis & Mead.
East Manufacturing has been defended by Bryce Downey & Lenkov, of Chicago.
The Illinois Chamber of Commerce, the Truck Trailer Manufactures Association and the Illinois Trial Lawyers Association filed friend-of-the-court briefs.