United States Court of Appeals

For the First Circuit

No. 21-1442

TRESLAN A. WILLIAMS, as Personal Representative of the Estate of 

Junior Williams,

Plaintiff, Appellant,

v.

KAWASAKI MOTORS CORP., U.S.A.; KAWASAKI HEAVY INDUSTRIES, LTD,

Defendants, Appellees,

KAWASAKI MOTORS MANUFACTURING CORP., USA; SPRINGFIELD MOTOR 

SPORTS, LLC; KAWASAKI MOTORCYCLES USA, LLC; KAWASAKI HEAVY 

INDUSTRIES (USA), INC., d/b/a Kawasaki Motorcycles USA, LLC,

Defendants.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Mark G. Mastroianni, U.S. District Judge]

Before

Lynch, Selya, and Kayatta,

Circuit Judges.

Terrence L. Butler, with whom John Greenwood and Dodge Law 

Firm, Inc. were on brief, for appellant.

Peter M. Durney, with whom Christopher J. Hurst and Cornell 

& Gollub were on brief, for appellees.
March 28, 2022
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LYNCH, Circuit Judge. Plaintiff Treslan Williams, the 

personal representative of the estate of Junior Williams, appeals 

from the grant of summary judgment to defendants Kawasaki Heavy 

Industries, Ltd., the designer and manufacturer of Kawasaki brand 

motorcycles, and Kawasaki Motors Corp., U.S.A., the United States 

distributor of Kawasaki brand motorcycles (collectively, 

"Kawasaki"). Williams's suit alleged various Massachusetts-law 

claims based on a purported manufacturing defect in a Kawasaki 

motorcycle owned and ridden by Junior Williams. Junior Williams 

suffered grievous injuries, including burns, when his 2007 

Kawasaki ZX-6R motorcycle collided with a Jeep and a fire resulted. 

The district court reasoned that the opinions of 

Williams's proffered liability expert, Dr. David Rondinone, as to 

defect and causation should be excluded under Federal Rule of

Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 

U.S. 579 (1993). As a result, Williams lacked expert testimony on 

these topics, and summary judgment was appropriate.

We affirm on different grounds. Even assuming arguendo 

that Dr. Rondinone's testimony was admissible, Williams has not 

satisfied his burden of showing that a reasonable jury could find 

in his favor by a preponderance of the evidence on the element of 

causation.
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I.

A. Factual Background

We describe the allegations in the complaint. On July 

30, 2013, Junior Williams, while riding his Kawasaki motorcycle, 

collided with a Jeep, which was making a U-turn at an intersection 

in Springfield, Massachusetts. His motorcycle struck the 

passenger-side door of the Jeep and slid under the Jeep. The 

motorcycle's fuel tank burst, and a fire ensued. Junior Williams 

suffered disfiguring second- and third-degree burns and underwent 

over twenty surgeries to treat his burn injuries. 

B. Procedural History

On July 26, 2016, Junior Williams filed suit against 

Kawasaki in Massachusetts state court; the suit was removed to 

federal court based on the diversity of the parties. See 28 U.S.C. 

§ 1441. On July 27, 2018, Junior Williams died by suicide. 

Treslan Williams thereafter filed an amended complaint 

substituting himself as the plaintiff in the action. Williams's 

amended complaint asserts claims under strict product liability, 

negligence, breach of warranty, wrongful death, and survivorship 

causes of action. 

C. Dr. David Rondinone's Opinions

On September 29, 2019, Williams disclosed Dr. David 

Rondinone as an expert witness, and on September 30, Dr. Rondinone 

provided an expert report. Dr. Rondinone's deposition was taken 
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on November 19, 2019. The district court considered both Dr. 

Rondinone's expert report and deposition testimony, as do we. 

1. Expert Report

Dr. Rondinone is a mechanical engineer by training and 

specializes in failure analysis. He holds a PhD in mechanical 

engineering from the University of California, Berkeley and has 

taught the senior Mechanics of Materials course in the mechanical 

engineering department at Berkeley. He works at Berkeley 

Engineering and Research Inc., where he has examined, analyzed, 

and tested welded structures and vehicular components. 

Dr. Rondinone stated that he examined the 2007 Kawasaki 

ZX-6R motorcycle which was involved in the accident. He examined 

the right-side frame weld of the motorcycle, which was fractured 

along its entire length. He reconstructed a three-dimensional 

model of the right-side frame weld. He then concluded that the 

frame weld was missing weld material along the length of the inner 

surface and lacked fusion at the base. 

Dr. Rondinone also examined the left-side frame weld of 

the motorcycle: It had a fracture which ran across the weld 

material and into the base material on both sides of the weld. He

separately examined exemplar Kawasaki motorcycles from the 2007, 

2008, and 2009 model years. Dr. Rondinone's employer obtained the 

exemplar motorcycles. The 2007 exemplar motorcycle was the same 

make, model, and year of Williams's motorcycle. Dr. Rondinone 
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removed the frames from the 2008 and 2009 models. He sectioned 

and measured the 2008 model's right-side frame weld. He did not 

remove the frame from the 2007 model or measure the 2009 model; he 

instead visually examined them. He compared the fractured rightside frame weld from Williams's motorcycle to each of the exemplar 

motorcycle frame welds. 

Dr. Rondinone determined that during the accident, the 

right-side frame weld failed, allowing the frame to puncture the 

gas tank, which released the fuel that started the fire. He 

further noted that the right-side frame weld on Williams's 

motorcycle was (1) smaller and (2) weaker than the corresponding 

"weld on an exemplar motorcycle" and the matching left-side frame 

weld on William's motorcycle. 

Dr. Rondinone summarized his conclusions as: "Mr. 

Williams' severe burn injuries were caused by the premature 

catastrophic failure of the defective right side frame weld on the 

subject motorcycle[.]" He specified:

1) The right-side frame weld on the subject 

motorcycle was defective. It lacked material 

relative to exemplar welds, and possessed precrack features that further reduced its 

strength.

2) The right-side frame weld prematurely 

failed. This failure allowed the frame to 

intrude into the volume occupied by the fuel 

tank. This intrusion fractured the tank, 

leading to the release of fuel and injuries to 

Mr. Williams. Had the frame weld not failed, 
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the tank would not have fractured and released 

fuel.

3) A competent risk assessment (e.g. Failure 

Modes and Effects Analysis – FMEA) in 

evaluating the subject weld and the effect on 

fuel containment should the weld fail would 

have revealed the hazard of tank failure in 

the case of frame weld failure. This should 

have triggered a further assessment of the 

weld quality control or weld design such that 

premature weld failure would be mitigated.

2. Deposition Testimony

During his deposition, Dr. Rondinone was asked: "What 

proof do you have that the weld on the Williams motorcycle did not 

meet specifications for its weld?" He responded that Williams's

motorcycle's right-side frame weld was defective because it had 

less weld material than the exemplar weld and the left-side frame 

weld on the motorcycle:

So when you look at the subject weld, the one 

that failed on the subject motorcycle, it's 

clear that that weld does not have the amount 

of weld material that is present on the 

symmetric opposite side weld on the subject 

frame. It does not have as much material as 

the exemplar weld at the same location or the 

exemplar weld at the symmetric location. 

In response to a question as to whether he had 

"reconstructed the accident," Dr. Rondinone admitted that he

"h[adn't] been asked to," and in response to a question as to 

whether he knew what "the speeds were at [different] point[s]" 

during the accident, he admitted he did not. Dr. Rondinone 

conceded during deposition that he could not opine on whether the 
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forces during the accident would have fractured a proper, nondefective frame weld:

Q All right. And are you ruling out also 

that at the moment of impact with the 

automobile, some significant forces were 

experienced by the entire front end of that 

motorcycle that would have fractured even a 

proper weld?

A That I'm not ruling out.

Q Okay. But you don't -- you haven't done 

any analysis on that, have you? 

A That's true. I have not done the 

reconstruction; that's true.

Q All right. So you don't -- you can't tell 

me whether the forces were high enough that 

they would have fractured the best weld in the 

world?

A That I can't say, but I can say that the 

weld that did fail on the right side failed in 

a manner that demonstrates that the weld 

itself is inferior because a properly made 

weld will -- should fracture through the base 

material, as well as the weld material, and we 

see that exact same type of failure on the 

left side of the frame, and so although I can't 

say whether the forces would have been enough 

to break a proper weld, I can say that the 

subject weld was clearly improper and 

substandard simply by the method in which it 

failed. 

Later in the deposition, Dr. Rondinone again confirmed 

that he could not offer an opinion on whether the forces in the 

accident would have fractured a proper frame weld:

Q You told me earlier in this deposition 

that you can't come to an opinion as to at 

what force a proper weld would fracture at 

that location on this frame; right?

A I have not done that calculation.

Q Okay. So you don't -- you -- and we also 

agreed that you can't tell me whether the 

forces seen by the weld in this accident 
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exceeded the forces necessary to fracture a 

proper weld; right?

A That's still true.

II.

Kawasaki moved for summary judgment arguing, inter alia,

that Dr. Rondinone's expert opinions were inadmissible. Kawasaki 

separately filed a motion to exclude Dr. Rondinone's opinions. On 

July 14, 2020, the district court held a hearing on Kawasaki's 

motion for summary judgment. During the hearing, both parties 

agreed that there was no need for a separate Daubert evidentiary 

hearing. 509 U.S. 579. 

On May 18, 2021, the district court granted Kawasaki's 

motion for summary judgment. The court held that Dr. Rondinone's 

expert testimony was inadmissible under Rule 702 because there was 

"too large an analytical leap" between the data that Dr. Rondinone 

examined and the opinions that he offered. In particular, the 

court held that:

[Dr. Rondinone] had no basis for determining 

that the welds on the comparison frame 

reflected the proper sizing for the frame 

welds; that all welds, including those that 

did not fail, were subjected to the same 

forces in the crash; or that the analogous 

weld on the frame of the comparison motorcycle 

would not have failed under the circumstances 

of the crash. 

The court then granted summary judgment for Kawasaki, holding that 

without Dr. Rondinone's opinion, Williams could not establish the 

existence of a manufacturing defect in the motorcycle or prove 
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that the alleged defect in the right-side frame weld caused Junior 

Williams's injuries. 

Williams timely appealed.

III.

A. Standard of Review

We review de novo a district court's grant of summary 

judgment. See Forbes v. BB&S Acquisition Corp., 22 F.4th 22, 25 

(1st Cir. 2021). "[W]e examine the evidence and all fair 

inferences in the light most favorable to the non-movant and 

determine whether the non-movant has offered 'more than a mere 

scintilla of evidence,' warranting the submission of the issue to 

the jury." Hochen v. Bobst Grp., Inc., 290 F.3d 446, 453 (1st 

Cir. 2002) (quoting Katz v. City Metal Co., 87 F.3d 26, 28 (1st 

Cir. 1996)). Under this standard, "we may not consider the 

credibility of witnesses, resolve conflicts in testimony, or 

evaluate the weight of the evidence." Id. (cleaned up) (quoting 

Katz, 87 F.3d at 28). We affirm the district court's grant of 

summary judgment "only if, 'applying these standards, the evidence 

does not permit a reasonable jury to find in favor of'

appellant[]." Id. (quoting Brennan v. GTE Gov't Sys. Corp., 150 

F.3d 21, 26 (1st Cir. 1998)).

B. Analysis

Under Massachusetts law, Williams bears the burden of 

proving causation by a preponderance of the evidence for each of 
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the claims brought here. See Stepakoff v. Kantar, 473 N.E.2d 1131, 

1136 (Mass. 1985) (wrongful death); Hayes v. Ariens Co., 462 N.E.2d 

273, 278 (Mass. 1984) (breach of warranty), abrogated on other 

grounds by Vassallo v. Baxter Healthcare Corp., 696 N.E.2d 909 

(Mass 1998); Coyne v. John S. Tilley Co., 331 N.E.2d 541, 544-45, 

548 (Mass. 1975) (negligence); see also Brown v. Husky Injection 

Molding Sys., Inc., 751 F. Supp. 2d 298, 304 n.13 (D. Mass. 2010) 

("[T]he crucial issue is often whether the plaintiff's proof 

sufficiently establishes that the accident was attributable to a 

manufacturing defect as opposed to some other plausible cause --

such as normal wear and tear or the conduct of the user or someone 

else." (alteration in original) (quoting D.G. Owen, Manufacturing 

Defects, 53 S.C. L. Rev. 851, 859 (2002))). The plaintiff is 

required to show "a greater likelihood that his injury was caused 

by the defendant's negligence than by some other cause." Coyne, 

331 N.E.2d at 547 (quoting Jankelle v. Bishop Indus. Inc., 238 

N.E.2d 374, 376 (Mass. 1968)).

In cases where, as here, the nature of the defect and 

its causal relationship to the accident are complex, expert 

testimony is necessary to establish these elements. See Goffredo

v. Mercedes-Benz Truck Co., 520 N.E.2d 1315, 1318-19 (Mass. 1988); 

see also Hochen, 290 F.3d at 451. 

Here, Williams's evidence was not sufficient to permit 

a reasonable jury to find by a preponderance of the evidence that 
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the alleged manufacturing defect in the right-side frame weld 

caused Junior Williams's injuries.

Dr. Rondinone was Williams's sole expert witness on 

liability, and he did not offer an opinion that the alleged defect 

in the right-side frame weld caused the weld to fail when it 

otherwise would not have. Indeed, Dr. Rondinone conceded during 

his deposition that he had not "done any analysis" to determine 

whether "some significant forces were experienced by the entire 

front end of that motorcycle that would have fractured even a 

proper weld," and he stated that he "c[ouldn't] say whether the 

forces [during the impact] would have been enough to break a proper 

weld." At deposition, he also admitted that he "c[ouldn't] 

tell . . . whether the forces seen by the weld in this accident 

exceeded the forces necessary to fracture a proper weld." It is 

possible to glean from Dr. Rondinone's testimony the seeds of a 

more nuanced theory of causation. While Rondinone conceded that 

he did not know if a proper right-side weld "would have fractured," 

he also stated that a proper weld -- if it fractured -- would have 

fractured in a different direction: "through the base material."

Williams, though, did not advance below and does not advance on 

appeal this more precise reading of Dr. Rondinone's testimony. 

More importantly, Dr. Rondinone never closed the causal loop by

opining that, had the right-side weld fractured through the base 

material, the fire would most likely not have occurred.
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Without any expert testimony on the complex question of 

causation presented by this case, Williams has not shown that there 

is "'more than a mere scintilla of evidence,' warranting the 

submission of the issue to the jury." Hochen, 290 F.3d at 453 

(quoting Katz, 87 F.3d at 28); see Goffredo, 520 N.E.2d at 1318 

("[T]his was not a case in which the jury could have found, of its 

own knowledge, that the defendant had improperly designed the latch 

mechanism.").

Williams argues that he can show causation because 

"[t]here is no question that the subject weld on the motorcycle 

failed, puncturing the fuel tank resulting in a fire that injured 

Junior Williams." Even assuming arguendo that this conclusion is 

well-supported by the record and Dr. Rondinone's testimony, 

Williams's argument misses the relevant causation question. The 

causation question in this case is not whether the right-side frame 

weld's failure caused Junior Williams's injuries; rather, the 

relevant question is whether the alleged manufacturing defect to 

the right-side frame weld caused the injuries. Dr. Rondinone 

admitted that he could not offer an opinion on whether a properly 

manufactured weld would have failed in this accident. His 

testimony failed to establish the necessary causal link between 

the manufacturing defect and Junior Williams's injuries.

Williams further argues that Kawasaki did not 

reconstruct the accident or perform any tests and "has no basis 
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for suggesting that the forces from the impact would have failed 

every weld at the subject location of the motorcycle." Williams's 

argument fails because it misstates the relevant burden of proof. 

It is the plaintiff that bears the burden of proving causation by 

a preponderance of the evidence. See Goffredo, 520 N.E.2d at 1318; 

Coyne, 331 N.E.2d at 544. 

For the reasons stated above, we affirm the entry of 

summary judgment for defendants.