Legal Opinion

Smith v. Goodyear Tire & Rubber Co.

Court of Appeals for the Fifth Circuit

Decided August 2, 2007No. 06-60373PublishedCited by 55 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

The question before us is whether the district court abused its discretion by rejecting the expert testimony of a polymer scientist regarding the cause of a particular tire’s failure. The scientist had no expertise in tire design, manufacture, or malfunction. We find that the district court was within its discretion to limit the polymer scientist’s testimony, and preclude him from testifying as to the cause of the subject tire’s failure. We AFFIRM the district court’s evidentiary ruling and its summary judgment.

I. FACTS

In 2004, Jimmy Smith was driving a 1994 pickup…

2Cases cited7 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  5. Watkins v. Telsmith, Inc.Court of Appeals for the Fifth Circuit · 1997

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3Cited by55 opinions

  1. Goodman v. Harris CountyCourt of Appeals for the Fifth Circuit · 2009
  2. Huss v. GaydenCourt of Appeals for the Fifth Circuit · 2009
  3. CQ, Inc. v. TXU Mining Co., L.P.Court of Appeals for the Fifth Circuit · 2009
  4. Carlson v. Bioremedi Therapeutic Systems, Inc.Court of Appeals for the Fifth Circuit · 2016
  5. Whitehouse Hotel Ltd. Partnership v. CommissionerCourt of Appeals for the Fifth Circuit · 2010

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