Conclusory allegations without specific supporting facts have no probative value to defeat a motion for summary judgment.
In a products liability action, the plaintiff appeals a summary judgment order, arguing that an expert affidavit supporting a design defect claim regarding the absence of an air bag system created a genuine issue of material fact. The court examines whether an expert opinion lacking specific supporting facts can defeat a motion for summary judgment. Applying Federal Rule of Civil Procedure 56(e), the court holds that conclusory allegations without specific supporting facts have no probative value. Because the affidavit failed to provide specific facts explaining how an air bag would have prevented injury in a side-impact collision, it did not rebut prior testimony. The court affirms the summary judgment, ruling that a party cannot avoid summary judgment solely on the basis of an expert opinion that fails to provide specific facts to support its conclusory allegations.
At page 986 Conclusory allegations lack probative value in summary judgment216 citing cases“conclusory allegations without specific supporting facts have no probative value.”
- Myers v. Jefferson Cnty. Comm'n, No. 2:19-cv-01398 (N.D. Ala. June 3, 2022).([C]onclusory allegations without specific supporting facts have no probative value.)
- Moore v. Jones (INMATE 2), No. 2:19-cv-00610 (M.D. Ala. Apr. 4, 2022).([C]onclusory allegations without specific supporting facts have no probative value.)
- Nemeth v. Auburn Univ., No. 3:19-cv-00715 (M.D. Ala. Aug. 3, 2021).([C]onclusory allegations without specific supporting facts have no probative value.)
- Gladney v. Headley (INMATE 2), No. 2:17-cv-00021 (M.D. Ala. Dec. 9, 2019).([C]onclusory allegations without specific supporting facts have no probative value.)
- Billingsley v. Daniels (INMATE 2), No. 2:16-cv-00748 (M.D. Ala. Aug. 2, 2019).([C]onclusory allegations without specific supporting facts have no probative value.)
- Traywick v. Bentley (INMATE 2), No. 2:16-cv-00279 (M.D. Ala. June 26, 2019).([C]onclusory allegations without specific supporting facts have no probative value.)
- High-Top Holdings, Inc. v. RREF II BB Acquisitions, LLC (In re High-Top Holdings, Inc.), 564 B.R. 784 (Bankr. N.D. Ga. 2017).published(This court has consistently held that conclusory allegations without specific supporting facts have no probative value.)
- Ishaq I. Chanda v. Engelhard/icc, 234 F.3d 1219 (11th Cir. 2000).published(conclusory allegations without specific supporting facts have no probative value)
- City of Chanute, Kan. v. Williams Nat. Gas Co., 743 F. Supp. 1437 (D. Kan. 1990).published(This court has consistently held that con-clusory allegations without specific supporting facts have no probative value)
- New York State Ophthalmological Soc'y v. Otis R. Bowen, 854 F.2d 1379 (D.C. Cir. 1988).published (a party may not avoid summary judgment solely on the basis of an expert's opinion that fails to provide specific facts from the record to support its conclusory allegations)
Show 187 more citing cases
- Oxonian, No. 8:24-cv-01351 (M.D. Fla. Sept. 14, 2026).(conclusory allegations without specific supporting facts have no probative value.)
- Judd, No. 8:21-cv-02581 (M.D. Fla. July 21, 2026).([C]onclusory allegations without specific supporting facts have no probative value.)
- Hungerman, No. 8:21-cv-00318 (M.D. Fla. July 20, 2026).(conclusory allegations without specific supporting facts have no probative value.)
- Collision Care Xpress McNab, LLC v. State Farm Mut. Auto. Ins. Co., No. 0:23-cv-61078 (S.D. Fla. Apr. 22, 2026).(This court has consistently held that conclusory allegations without specific supporting facts have no probative value.)
- Mulas, No. 2:24-cv-00534 (M.D. Fla. Feb. 2, 2026).([A] party may not avoid summary judgment solely on the basis of an expert’s opinion that fails to provide specific facts from the record to support its conclusory allegations.)
- 600 Cleveland, LLC v. Bank of Am., N.A., No. 8:24-cv-01652 (M.D. Fla. Jan. 23, 2026).(This court has consistently held that conclusory allegations without specific supporting facts have no probative value [at the summary judgment stage.])
- Emergency Recovery, Inc. v. Gov't Employees Ins. Co., No. 8:23-cv-00957 (M.D. Fla. Dec. 29, 2025).(This court has consistently held that conclusory allegations without specific supporting facts have no probative value [at the summary judgment stage.])
- Zoe Ajjahnon v. Amerilife of North Carolina, LLC, No. 24-13709 (11th Cir. Sept. 29, 2025).unpublished([We have] consistently held that conclusory allegations without specific supporting facts have no probative value.)
- Cottage, Inc v. Pasco Cnty., No. 8:24-cv-00991 (M.D. Fla. Aug. 25, 2025).([C]onclusory allegations without specific supporting facts have no probative value.)
- Pettway v. Amazon Fulfillment Ctr., No. 8:23-cv-01785 (M.D. Fla. Aug. 19, 2025).([C]onclusory allegations without specific supporting facts have no probative value.)
- Bardram v. Oak Hill Health & Rehab., LLC, No. 8:22-cv-00873 (M.D. Fla. Apr. 16, 2025).(conclusory allegations without specific supporting facts have no probative value.)
- Hardin v. Oakley Transp. Inc., 773 F. Supp. 3d 1320 (M.D. Fla. 2025).published(conclusory allegations without specific supporting facts have no probative value.)
- State Farm Mut. Auto. Ins. Co. v. Taylor, No. 8:23-cv-02970 (M.D. Fla. Mar. 11, 2025).(conclusory allegations without specific supporting facts have no probative value.)
- Westbrook v. Capital One Bank (USA), N.A., No. 8:23-cv-00477 (M.D. Fla. Feb. 5, 2025).(conclusory allegations without specific supporting facts have no probative value.)
- Briggs v. Michaels Stores, Inc., No. 8:24-cv-00378 (M.D. Fla. Dec. 9, 2024).(conclusory allegations without specific supporting facts have no probative value.)
- Van Scoyoc v. Belleair Beach, Fla., No. 8:21-cv-01490 (M.D. Fla. July 30, 2024).(conclusory allegations without specific supporting facts have no probative value.)
- Jacob v. Mentor Worldwide, LLC, No. 8:19-cv-00229 (M.D. Fla. Mar. 14, 2024).(conclusory allegations without specific supporting facts have no probative value.)
- Lincare, Inc. v. Markovic, No. 8:22-cv-00918 (M.D. Fla. Mar. 11, 2024).(conclusory allegations without specific supporting facts have no probative value.)
- Global Glass Tech., Inc. v. Rsch. Frontiers, Inc., No. 8:20-cv-02517 (M.D. Fla. Feb. 21, 2024).(conclusory allegations without specific supporting facts have no probative value.)
- Taracatac-Doherty Real Prop., Inc. v. Century Sur. Co., No. 8:22-cv-01507 (M.D. Fla. Feb. 14, 2024).(conclusory allegations without specific supporting facts have no probative value.)
- Warner v. Hillsborough Cnty. Clerk of Courts, No. 8:22-cv-01977 (M.D. Fla. Feb. 12, 2024).([C]onclusory allegations without specific supporting facts have no probative value.)
- United States v. Google LLC, 687 F. Supp. 3d 48 (D.D.C. 2023).published([A] party may not avoid summary judgment solely on the basis of an expert’s opinion that fails to provide specific facts from the record to support its conclusory allegations.)
- Bales v. Bright Solar Mktg. LLC, No. 5:21-cv-00496 (M.D. Fla. May 26, 2023).(This court has consistently held that conclusory allegations without specific supporting facts have no probative value.)
- Jimmy Sugg v. City of Sunrise, No. 20-13884, 2022 WL 4296992 (11th Cir. Sept. 19, 2022).unpublished([C]onclusory allegations without specific supporting facts have no probative value.)
- Jairo Aburaad v. Haines City, No. 8:19-cv-02305 (M.D. Fla. Mar. 23, 2022).([C]onclusory allegations without specific supporting facts have no probative value.)
- Walker v. VXI Global Solutions LLC, No. 1:19-cv-04846 (N.D. Ga. June 21, 2021).(This court has consistently held that conclusory allegations without specific supporting facts have no probative value.)
- Barrett v. Kemper Corp., No. 4:17-cv-00215 (S.D. Ga. June 3, 2021).([A] party may not avoid summary judgment solely on the basis of an expert’s opinion that fails to provide specific facts from the record to support its conclusory allegations.)
- Weiss v. Dep't of Vets. Affairs, No. 8:19-cv-01545 (M.D. Fla. Mar. 31, 2021).([C]onclusory allegations without specific supporting facts have no probative value.)
- SFR Servs. LLC v. Elec. Ins. Co., No. 8:19-cv-02013, 2021 WL 1193284 (M.D. Fla. Mar. 30, 2021).([C]onclusory allegations without specific supporting facts have no probative value.)
- Bowen v. Gee, No. 8:17-cv-01242 (M.D. Fla. Feb. 16, 2021).(conclusory allegations without specific supporting facts have no probative value)
- Titus Dixon v. Russ Gibson, No. 20-11372 (11th Cir. Feb. 8, 2021).unpublished([C]onclusory allegations without specific supporting facts have no probative value.)
- Nephron Pharm. Corp. v. Hulsey, No. 6:18-cv-01573 (M.D. Fla. Dec. 7, 2020).(conclusory allegations without specific supporting facts have no probative value)
- Sea Force IX, Inc. v. Hoffman's Yacht Sales, LLC, No. 8:19-cv-03110 (M.D. Fla. Oct. 7, 2020).([C]onclusory allegations without specific supporting facts have no probative value.)
- Sec. & Exch. Comm'n v. Montano, No. 6:18-cv-01606 (M.D. Fla. Oct. 5, 2020).(conclusory allegations without specific supporting facts have no probative value)
- Commodity Futures Trading Comm'n v. Montano, No. 6:18-cv-01607 (M.D. Fla. Sept. 29, 2020).(conclusory allegations without specific supporting facts have no probative value)
- Taher v. Gov't Employees Ins. Co., No. 6:19-cv-00681 (M.D. Fla. Aug. 10, 2020).(conclusory allegations without specific supporting facts have no probative value)
- Neilson Enter. Inc. v. Fed. Ins. Co., No. 6:19-cv-00875 (M.D. Fla. July 29, 2020).(conclusory allegations without specific supporting facts have no probative value)
- Wright v. WestRock Servs., Inc., No. 3:18-cv-00736 (M.D. Ala. Mar. 27, 2020).([C]onclusory allegations without specific supporting facts have no probative value.)
- Westgate Resort, Ltd. v. Reed Hein & Assocs., LLC, No. 6:18-cv-01088 (M.D. Fla. Feb. 11, 2020).(conclusory allegations without specific supporting facts have no probative value)
- Knight v. Lang, No. 1:18-cv-00036 (S.D. Ala. Feb. 7, 2020).([C]onclusory allegations without specific supporting facts have no probative value.)
- Hilburn v. Murata Elec. North Am., Inc., 181 F.3d 1220 (11th Cir. 1999).published
- Jud. Complaint, In Re:, 212 F.3d 1210 (11th Cir. 2000).published
- Heyen v. Coastal Mart, Inc., 117 F.3d 1428 (10th Cir. 1997).unpublished
- Wilson v. Wal-Mart Stores, Inc, 117 F.3d 1429 (10th Cir. 1997).unpublished
- Xeta Corp. v. Canton Indus. Corp., 132 F.3d 44 (10th Cir. 1997).published
- Medina v. Cram, 252 F.3d 1124 (10th Cir. 2001).published
- Fitzgerald v. Corr. Corp. of Am., 403 F.3d 1134 (10th Cir. 2005).published
- Phillips v. Calhoun, 956 F.2d 949 (10th Cir. 1992).published
- Teresa Ambrosini v. Jorge Labarraque, 966 F.2d 1464 (D.C. Cir. 1992).published
- United States v. Boomershine, 968 F.2d 1224 (10th Cir. 1992).published
- M & M Med. Supplies & Serv., Inc. v. Pleasant Valley Hosp., Inc., 981 F.2d 160 (4th Cir. 1993).published
- Rowell v. Jim Walters Homes, Inc., 986 F.2d 1429 (10th Cir. 1993).published
- Dickson v. Kerr-McGee Refining Corp., 993 F.2d 1551 (10th Cir. 1993).published
- Bethley v. City of Spencer, Okl., 37 F.3d 1509 (10th Cir. 1994).published
- Mike W. Kitto v. Farmers Ins. Co., 39 F.3d 1192 (10th Cir. 1994).published
- 96 Cal. Daily Op. Serv. 3752, 96 Daily Journal D.A.R. 6115 Jeanette Reynolds, as Adm'r of the Est. of Paul Reynolds, Deceased, & Individually v. Cnty. of San Diego Jeffrey Jackson, Jim Roache, Sheriff, Denise Reynolds v. Cnty. of San Diego Jeffrey Jackson, Jim Roache, Sheriff, 84 F.3d 1162 (9th Cir. 1996).published
- State v. Jackson, 2010 ND 72.published
- Perius v. Nodak Mut. Ins. Co., 2010 ND 80, 782 N.W.2d 355.published
- Acoba v. Gen. Tire, Inc., 986 P.2d 288 (Haw. 1999).published
- Villas of Lake Jackson, Ltd. v. Leon Cnty., 884 F. Supp. 1544 (N.D. Fla. 1995).published
- Porter v. Whitehall Labs., Inc., 791 F. Supp. 1335 (S.D. Ind. 1992).published
- Williams v. Hager Hinge Co., 916 F. Supp. 1163 (M.D. Ala. 1995).published
- Bell v. Swift Adhesives, Inc., 804 F. Supp. 1577 (S.D. Ga. 1992).published
- Pellon v. Bus. Representation Int'l, Inc., 528 F. Supp. 2d 1306 (S.D. Fla. 2007).published
- Koch v. Koch Indus., Inc., 969 F. Supp. 1460 (D. Kan. 1997).published
- Evabank v. Baxter, 278 B.R. 867 (N.D. Ala. 2002).published
- Sheffield Steel Corp. v. HMK Enter., Inc. (In Re Sheffield Steel Corp.), 320 B.R. 423 (Bankr. N.D. Okla. 2004).published
- Willhite v. Allstate Ins., 910 F. Supp. 549 (W.D. Okla. 1994).published
- Torre v. Federated Mut. Ins., 862 F. Supp. 299 (D. Kan. 1994).published
- State Nat'l Ins. v. Anzhela Explorer, L.L.C., 812 F. Supp. 2d 1326 (S.D. Fla. 2011).published
- Carper v. TWC Servs., Inc., 820 F. Supp. 2d 1339 (S.D. Fla. 2011).published
- Robidoux v. Oliphant, 775 N.E.2d 987 (Ill. 2002).published
- Kapila v. TD Bank, N.A. (In Re Pearlman), 460 B.R. 306 (Bankr. M.D. Fla. 2011).published
- Bruno v. Mona Lisa at Celebration, LLC (In Re Mona Lisa at Celebration, LLC), 436 B.R. 179 (Bankr. M.D. Fla. 2010).published
- Kapila v. TD Bank, N.A. (In Re Pearlman), 440 B.R. 900 (Bankr. M.D. Fla. 2010).published
- Ginzburg v. Mem'l Healthcare Sys., Inc., 993 F. Supp. 998 (S.D. Tex. 1997).published
- Microbix Biosystems, Inc. v. Biowhittaker, Inc., 172 F. Supp. 2d 680 (D. Md. 2000).published
- Kidwell v. Bd. of Cnty. Com'rs of Shawnee Cnty., 40 F. Supp. 2d 1201 (D. Kan. 1998).published
- Virgilio v. Ryland Grp., Inc., 695 F. Supp. 2d 1276 (M.D. Fla. 2010).published
- Alpert v. DeKalb Off. Environments, Inc., 206 F. Supp. 2d 1280 (N.D. Ga. 2001).published
- Drakeford v. Alabama Coop. Extension Sys., 416 F. Supp. 2d 1286 (M.D. Ala. 2006).published
- In re Miller Indus., Inc. Sec. Litig., 120 F. Supp. 2d 1371 (N.D. Ga. 2000).published
- Williamson v. Int'l Paper Co., 85 F. Supp. 2d 1184 (S.D. Ala. 2000).published
- Ball v. City of Coral Gables, 548 F. Supp. 2d 1364 (S.D. Fla. 2008).published
- Eckert v. United States, 232 F. Supp. 2d 1312 (S.D. Fla. 2002).published
- Mid-Continent Cas. Co. v. Frank Casserino Constr., Inc., 721 F. Supp. 2d 1209 (M.D. Fla. 2010).published
- Phillips v. Wal-Mart Stores, Inc., 78 F. Supp. 2d 1274 (S.D. Ala. 1999).published
- Crawford v. AT & T & Commc'ns Workers of Am., Local 3250, 177 F. Supp. 2d 1293 (N.D. Ga. 2000).published
- Smith v. Wynfield Dev. Co., 451 F. Supp. 2d 1327 (N.D. Ga. 2006).published
- Yumukoglu v. Provident Life & Accident Ins., 131 F. Supp. 2d 1215 (D.N.M. 2001).published
- Douglas Energy Relief Ass'n v. City of Douglas, 556 F. App'x 820 (11th Cir. 2014).unpublished
- Aydin & Co. v. Jewelers Mut. Ins. Co., 426 F. App'x 760 (11th Cir. 2011).unpublished
- United States v. Estelle Stein, No. 18-14625 (11th Cir. Apr. 23, 2019).unpublished
- Reynolds ex rel. Est. of Reynolds v. Cnty. of San Diego, 84 F.3d 1162 (9th Cir. 1996).published
- Leigh v. Warner Bros., 212 F.3d 1210 (11th Cir. 2000).published
- Silva v. Baptist Health South Florida, Inc., 139 F. Supp. 3d 1319 (S.D. Fla. 2015).published
- Kicklighter v. McIntosh Cnty. Bd. of Commissioners, 162 F. Supp. 3d 1363 (S.D. Ga. 2016).published
- Florida Cardiology, P.A. v. Al-Suleiman (In re Al-Suleiman), 461 B.R. 893 (Bankr. M.D. Fla. 2011).published
- Bruno v. Mona Lisa at Celebration, LLC (In re Mona Lisa at Celebration, LLC), 472 B.R. 582 (Bankr. M.D. Fla. 2012).published
- Texas v. Garner (In re Garner), 515 B.R. 643 (Bankr. M.D. Fla. 2014).published
- Kapila v. SunTrust Mortg., Inc. (In re Pearlman), 515 B.R. 887 (Bankr. M.D. Fla. 2014).published
- Frias v. Demings, 823 F. Supp. 2d 1279 (M.D. Fla. 2011).published
- Lammers v. USAA Life Ins., 833 F. Supp. 2d 1357 (M.D. Fla. 2011).published
- Stroud v. Bank of Am., 886 F. Supp. 2d 1308 (S.D. Fla. 2012).published
- Wiand v. Morgan, 919 F. Supp. 2d 1342 (M.D. Fla. 2013).published
- Keshish v. Allstate Ins., 959 F. Supp. 2d 1226 (C.D. Cal. 2013).published
- Millender v. Herring, 878 F. Supp. 193 (M.D. Ala. 1995).published
- Robinson v. Alexander City, No. 3:18-cv-00156, 2021 WL 4134054 (M.D. Ala. Sept. 10, 2021).
- Brown v. Yarings of Texas, Inc., 643 F. Supp. 3d 1304 (S.D. Ala. 2022).published
- Vega v. Kapusta, No. 2:19-cv-00717 (M.D. Fla. Feb. 20, 2020).
- Caffey v. Publix Supermarkets, Inc. (MAG+), No. 2:22-cv-00542 (M.D. Ala. Sept. 5, 2024).
- Moore, No. 2:24-cv-01338 (N.D. Ala. Mar. 6, 2026).
- Dustin Myers v. Murry Bowman, 713 F.3d 1319 (11th Cir. 2013).published
- Oliver v. City of Orlando, 574 F. Supp. 2d 1279 (M.D. Fla. 2008).published
- Calhoun v. Volusia Cnty., 499 F. Supp. 2d 1299 (M.D. Fla. 2007).published
- CNL Hotels & Resorts, Inc. v. Houston Cas. Co., 505 F. Supp. 2d 1317 (M.D. Fla. 2007).published
- Cuthill & Eddy, LLC v. Cont'l Cas. Co., 784 F. Supp. 2d 1331 (M.D. Fla. 2011).published
- United States v. Sumpolec, 811 F. Supp. 2d 1349 (M.D. Fla. 2011).published
- Isbell v. Carnival Corp., 462 F. Supp. 2d 1232 (S.D. Fla. 2006).published
- Modern, Inc. v. Florida, Dep't of Transp., 444 F. Supp. 2d 1234 (M.D. Fla. 2006).published
- State Farm Mut. Auto. Ins. v. Weiss, 410 F. Supp. 2d 1146 (M.D. Fla. 2006).published
- Harvey v. Lake Buena Vista Resort, LLC, 568 F. Supp. 2d 1354 (M.D. Fla. 2008).published
- Bankshot Billards, Inc. v. City of Ocala, 692 F. Supp. 2d 1343 (M.D. Fla. 2010).published
- Swofford v. Eslinger, 671 F. Supp. 2d 1289 (M.D. Fla. 2009).published
- Bloodsworth v. Smith & Nephew, Inc., 476 F. Supp. 2d 1348 (M.D. Ala. 2006).published
- Kitchings v. Florida United Methodist Child.'s Home, Inc., 393 F. Supp. 2d 1282 (M.D. Fla. 2005).published
- Intertape Polymer Corp. v. Inspired Tech., Inc., 725 F. Supp. 2d 1319 (M.D. Fla. 2010).published
- Lake Eola Builders, LLC v. Metro. at Lake Eola, LLC, 416 F. Supp. 2d 1316 (M.D. Fla. 2006).published
- Noonan v. Vermont Mut. Ins., 761 F. Supp. 2d 1330 (M.D. Fla. 2010).published
- Minks v. Polaris Indus., Inc., 464 F. Supp. 2d 1236 (M.D. Fla. 2006).published
- Nationwide Mut. Fire Ins. v. Royall, 588 F. Supp. 2d 1306 (M.D. Fla. 2008).published
- Molina v. South Florida Express Bankserv, Inc., 420 F. Supp. 2d 1276 (M.D. Fla. 2006).published
- Rodriguez v. City of Clermont, 681 F. Supp. 2d 1313 (M.D. Fla. 2009).published
- Signature Pharmacy, Inc. v. Soares, 717 F. Supp. 2d 1276 (M.D. Fla. 2010).published
- Doe v. North River Ins., 719 F. Supp. 2d 1352 (M.D. Fla. 2010).published
- Melton v. Nat'l Dairy LLC, 705 F. Supp. 2d 1303 (M.D. Ala. 2010).published
- Fid. & Guar. Ins. v. Ford Motor Co., 707 F. Supp. 2d 1300 (M.D. Fla. 2010).published
- Cusumano v. Maquipan Int'l, Inc., 390 F. Supp. 2d 1216 (M.D. Fla. 2005).published
- Wildearth Guardians v. Salazar, 880 F. Supp. 2d 77 (D.D.C. 2012).published
- Janice Sturdivant v. City of Atlanta, 596 F. App'x 825 (11th Cir. 2015).unpublished
- Am. Univ. of the Caribbean, N v. v. Caritas Healthcare, Inc., 484 F. App'x 322 (11th Cir. 2012).unpublished
- Kevin Buckler v. Scott Israel, 680 F. App'x 831 (11th Cir. 2017).unpublished
- Bee's Auto, Inc. v. City of Clermont, 8 F. Supp. 3d 1369 (M.D. Fla. 2014).published
- United States ex rel. Bartlett v. Ashcroft, 39 F. Supp. 3d 656 (W.D. Pa. 2014).published
- NJN Sys., Inc. v. Sunoco, Inc., 95 F. Supp. 3d 1330 (M.D. Fla. 2015).published
- State Farm Mut. Auto. Ins. v. Med. Serv. Ctr. of Florida, Inc., 103 F. Supp. 3d 1343 (S.D. Fla. 2015).published
- St. Paul Fire & Marine Ins. v. Cypress Fairway Condo. Ass'n, 114 F. Supp. 3d 1231 (M.D. Fla. 2015).published
- Larkin v. Envoy Orlando Holdings LLC, 116 F. Supp. 3d 1316 (M.D. Fla. 2015).published
- Maronda Homes, Inc. v. Progressive Express Ins., 118 F. Supp. 3d 1332 (M.D. Fla. 2015).published
- Bradfield v. Mid-Continent Cas. Co., 143 F. Supp. 3d 1215 (M.D. Fla. 2015).published
- Cincinnati Ins. Co. v. Quorum Mgmt. Corp., 186 F. Supp. 3d 1307 (M.D. Fla. 2016).published
- Lopez v. Geico Gen. Ins. Co., 196 F. Supp. 3d 1270 (M.D. Fla. 2016).published
- John W. Rich, Jr. v. Judith R. Narog, 366 So. 3d 1111 (Fla. 3d DCA 2022).published
- Kastritis v. City of Daytona Beach Shores, 835 F. Supp. 2d 1200 (M.D. Fla. 2011).published
- United States v. Ippolito, 838 F. Supp. 2d 1287 (M.D. Fla. 2012).published
- Erickson v. Gen. Elec. Co., 854 F. Supp. 2d 1178 (M.D. Fla. 2012).published
- Kelly v. Balboa Ins., 897 F. Supp. 2d 1262 (M.D. Fla. 2012).published
- Swofford v. Eslinger, 686 F. Supp. 2d 1277 (M.D. Fla. 2009).published
- S.S. v. Princeton House Charter Sch., Inc., 909 F. Supp. 2d 1348 (M.D. Fla. 2012).published
- Bee's Auto, Inc. v. City of Clermont, 927 F. Supp. 2d 1318 (M.D. Fla. 2013).published
- United States v. Smith, 953 F. Supp. 2d 1260 (M.D. Fla. 2013).published
- Moulton v. DeSue, 966 F. Supp. 2d 1298 (M.D. Fla. 2012).published
- Sarasota Avionics Int'l, Inc. v. Wells Fargo Bank, N.A., 984 F. Supp. 2d 1265 (M.D. Fla. 2013).published
- Am. Home Assurance Co. v. Weaver Aggregate Transp., Inc., 990 F. Supp. 2d 1254 (M.D. Fla. 2013).published
- McDowell v. Alabama Dep't of Pub. Health (CONSENT), No. 2:20-cv-00280 (M.D. Ala. July 10, 2023).
- Thomas v. Auburn Univ., No. 3:21-cv-00192 (M.D. Ala. Nov. 1, 2023).
- Tillman v. Roddam, No. 2:19-cv-00749 (N.D. Ala. Sept. 28, 2020).
- Triolo v. United States, No. 3:18-cv-00919 (M.D. Fla. Jan. 7, 2020).
- Sumrall v. Georgia Dep't of Corr., No. 5:21-cv-00187 (M.D. Ga. Feb. 17, 2023).
- Lowery v. AmGuard Ins. Co., No. 1:20-cv-05148 (N.D. Ga. Sept. 14, 2022).
- Sharkins, No. 2:24-cv-00428 (M.D. Ala. Sept. 16, 2026).
- StarStone Nat'l Ins. Co. v. Polynesian Inn, LLC, No. 6:18-cv-01048 (M.D. Fla. Aug. 26, 2019).“conclusory allegations without specific supporting facts have no probative value”
- Williamson v. Digit. Risk, LLC, No. 6:18-cv-00767 (M.D. Fla. Jan. 28, 2020).“conclusory allegations without specific supporting facts have no probative value”
- Samson v. Fed. Express Corp., 874 F. Supp. 2d 1360 (M.D. Fla. 2012).published“conclusory allegations without specific supporting facts have no probative value”
- Cotton v. Ben Hill Cnty., 208 F. Supp. 3d 1353 (M.D. Ga. 2016).published“This court has consistently held that conclusory allegations without specific supporting facts have no probative value.”
- Tim Fuhr v. Credit Suisse AG, 687 F. App'x 810 (11th Cir. 2017).unpublished“This court has consistently held that conclusory allegations without specific supporting facts have no probative value.”
- John Vetter v. State of Iowa, No. 16-0208 (Iowa Ct. App. May 17, 2017).published“Conclusory allegations without specific supporting facts have no probative value.”
- Innovak Int'l, Inc. v. Hanover Ins. Co., 280 F. Supp. 3d 1340 (M.D. Fla. 2017).published“conclusory allegations without specific supporting facts have no probative value,”
- Fed. Trade Comm'n v. Roca Labs, Inc., 345 F. Supp. 3d 1375 (M.D. Fla. 2018).published“conclusory allegations without specific supporting facts have no probative value.”
- Trinet Grp., Inc. v. United States, 359 F. Supp. 3d 1144 (M.D. Fla. 2018).published“conclusory allegations without specific supporting facts have no probative value.”
- Orange Lake Country Club, Inc. v. Reed Hein & Assocs., LLC, 367 F. Supp. 3d 1360 (M.D. Fla. 2019).published“conclusory allegations without specific supporting facts have no probative value”
- Nationwide Mut. Ins. Co. v. Nelson, 369 F. Supp. 3d 1249 (M.D. Fla. 2018).published“conclusory allegations without specific supporting facts have no probative value.”
- Thomas v. Seminole Elec. Coop., Inc., 385 F. Supp. 3d 1246 (M.D. Fla. 2018).published“conclusory allegations without specific supporting facts have no probative value.”
- Mahoney v. Nokia, Inc., 444 F. Supp. 2d 1246 (M.D. Fla. 2006).published“conclusory allegations without specific supporting facts have no probative value”
- Bradley Jones v. RS&H, Inc., No. 18-13068 (11th Cir. May 31, 2019).unpublished“This court has consistently held that conclusory allegations without specific supporting facts have no probative value.”
- Jurriaans v. Alabama Coop. Extension Sys., No. 3:17-cv-00124 (M.D. Ala. June 26, 2019).“This court has consistently held that conclusory allegations without specific supporting facts have no probative value.”
- Duffy v. Lowe's Home Centers, Inc., 414 F. Supp. 2d 1133 (M.D. Fla. 2006).published“conclusory allegations without specific supporting facts have no probative value”
At page 985 Expert opinions requiring factual support for summary judgment6 citing cases
- Lorna A. Matthiesen v. Banc One Mortg. Corp., 173 F.3d 1242 (10th Cir. 1999).published
- ROHRBOUGH BY ROHRBOUGH v. Wyeth Labs., Inc., 719 F. Supp. 470 (N.D. W. Va. 1989).published
- Reynard v. NEC Corp., 887 F. Supp. 1500 (M.D. Fla. 1995).published
- Browder v. Gen. Motors Corp., 5 F. Supp. 2d 1267 (M.D. Ala. 1998).published
- Cooper v. Toshiba Home Tech. Corp., 76 F. Supp. 2d 1269 (M.D. Ala. 1999).published
v.
GENERAL MOTORS CORPORATION, a foreign corporation
This is an appeal from a summary judgment order entered by the district court in a products liability action.
The facts giving rise to this litigation are relatively simple and generally undisputed. The appellant was injured, on October 20, 1974, when the automobile in which she was driving was struck by a Toyota. The Toyota ran a stop sign while entering an intersection and was traveling at approximately 30-35 miles per hour at the point of collision. The appellant was operating a Grand Prix manufactured by the defendant and was traveling at approximately 45 miles per hour at the point of collision. The Toyota struck the appellant’s vehicle on the left side near the driver’s door. The impact of the collision caused both a crippling pelvic injury and permanent brain damage to the appellant. Appellant’s liability claim can be generally categorized as alleging a defect in the passenger restraint system and a defect resulting from the appellee’s failure to install an inflatable restraint system, commonly known as an “air bag.”
The district court in granting summary judgment found that as to appellant’s claim of defect in the seat belt system, appellant had failed to put forth any evidence that a defect existed or contributed to appellant’s injuries. As to appellant’s allegation of a design defect in failing to install an “air bag,” the court refused to declare such a requirement as a new basis for tort liability. With regard to the latter theory, appellant offered the affidavit of Carl F. Thelin,[1] who testified that an “air bag” restraint system would probably have reduced the severity of, or prevented the appellant’s injuries and, further, that in his opinion, the appellee’s failure to incorporate an “air bag system” constituted a defect in the design of the automobile. The court found that the affidavit would create an issue of material fact as to the question of a design defect if the appellant’s overall “air bag” theory was available as a basis for liability. However, because the court had rejected this theory of liability, it found that the affidavit did not bear upon an issue of material fact.
We affirm the district court’s grant of summary judgment.
First, with regard to the district court’s refusal to create a new basis of tort liability based upon a manufacturer’s failure to install an air bag system, we note that Florida law governs the rights and liabilities of the parties. A review of relevant Florida case law indicates that the Florida courts have not addressed the question of the availability of tort liability for failure to install an air bag. Ordinarily when a new theory of liability is asserted and there is no decision by the state court dispositive of the proposition of law, this court certifies the question to the State Supreme Court for resolution. See Green v. American Tobacco Company, 304 F.2d 70, 86 (5th Cir.1962).
However, having independently reviewed the Thelin affidavit, we are of the opinion that the affidavit fails to raise an issue of material fact to support appellant’s air bag theory. Therefore, summary judg[*986]merit was available on this ground alone and no material issue is presented worthy of certification to the Supreme Court of Florida. To the extent that the district court found that the affidavit would have created an issue of material fact had the overall air bag theory been available as a basis for liability, we overrule the finding of materiality as clearly erroneous.
The Thelin affidavit, filed two days before the hearing on Defendant’s Motion for Summary Judgment, fails to provide any specific facts to support appellant’s claim.[2] Moreover, this affidavit sharply contradicted the earlier deposition testimony of Dr. Huelke, who as a witness for appellant, explained at deposition that air bags are not designed to provide protection in a side impact, and that there was no defect in the vehicle related to appellant’s injuries.
When a properly supported summary judgment motion has been made Fed.R. Civ.P. 56(e) provides that “an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not respond, summary judgment, if appropriate, shall be entered against him.”
This court has consistently held that conclusory allegations without specific supporting facts have no probative value. Gordon v. Terry, 684 F.2d 736, 744 (11th Cir.1982), cert. denied, 459 U.S. 1203, 103 S.Ct. 1188, 75 L.Ed.2d 434 (1983); Broadway v. City of Montgomery, 530 F.2d 657, 660 (5th Cir.1976).
Appellant attempts to save the deficient affidavit of expert Thelin through Rules 703 and 705 of the Federal Rules of Evidence. Rule 703 permits an expert to base opinions or inferences on facts or data not admissible in evidence if they are of a type reasonably relied upon by experts in the field. Rule 705 permits an expert to give opinion testimony without prior disclosure of the underlying facts or data.
At least two other circuits have addressed this issue and found that Rules 703 and 705 do not alter the requirement of Fed.R.Civ.P. 56(e) that an affidavit must set forth specific facts in order to have any probative value. See United States v. Various Slot Machines on Guam, 658 F.2d 697, 700-701 (9th Cir.1981); Merit Motors, Inc. v. Chrysler Corp., 569 F.2d 666, 672-73 (D.C.Cir.1977). As noted by the court in Merit Motors, Rule 703 “was intended to broaden the acceptable bases of expert opinion, but it was not intended, as appellants seem to argue, to make summary judgment impossible whenever a party has produced an expert to support its position.” Merit Motors, 569 F.2d at 673 (footnote omitted).
We agree with our sister circuits and hold that a party may not avoid summary judgment solely on the basis of an expert’s opinion that fails to provide specific facts from the record to support its conclusory allegations. Thelin’s affidavit, though it purports to be based upon a review of the evidence, fails to provide specific facts to back up its conclusory allegations. Most importantly, there is no[*987] specific mention of how an “air bag” would have aided in a side-impact collision. Thus, the affidavit fails to rebut prior testimony which had consistently found that an “air bag” would not prevent injury in such a collision. Summary judgment was appropriate under the facts of this case.
Accordingly, the judgment of the district court is AFFIRMED.
Mr. Thelin served as a Senior Design Engineer for General Motors Corporation, having responsibility for the Road Test and Crash Test Facilities and has rated automobile occupant restraints and crashworthiness for Consumer Reports Magazine since 1972.
The Thelin affidavit stated in pertinent part:
1. I am qualified to testify as an expert witness in connection with automobile design and crashworthiness, having served as a Senior Design Engineer for General Motors Corporation; Section Head (with responsibility for the road test and crash test facilities) at Calspan (a contract research laboratory then known as Cornell Aeronautical Labs); and having rated automobile occupant restraints and crashworthiness for Consumer Reports magazine since 1972.
2. I have examined photographs of the automobiles involved in this case, reviewed the depositions of several key witnesses, visited the scene of the collision, and performed an analysis of the kinematics related to the Pontiac Gran Prix and Toyota automobiles involved.
3. Based on my analysis, it is my opinion that an "air bag” occupant restraint system would probably have reduced the severity of, or prevented, the injury sustained by Marcia Evers in this collision.
4. It is my further opinion that the failure of General Motors Corporation to incorporate an "air bag” system of automatic crash protection for the occupants of this automobile constituted a defect in the design of the automobile.