Legal Opinion

Carmichael v. Samyang Tire, Inc.

Court of Appeals for the Eleventh Circuit

Decided December 23, 1997No. 96-6650PublishedCited by 35 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

In this appeal, we determine whether the Supreme Court’s Daubert 1 criteria for admission of scientific evidence should apply to testimony from a tire failure expert. In granting summary judgment against plaintiff-appellants, the district court relied on Daubert to exclude testimony from plaintiff-appellants’ expert. Plaintiff-appellants, however, argue that the district court should not have applied Daubert because their expert’s proffered testimony is not “scientific.” We REVERSE.

I. BACKGROUND

On July 6, 1993, plaintiff-appellants, eight members of the Carmichael family…

2Cases cited10 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. Doris Berry, Personal Representative of the Estate of Lee F. Berry, Jr., Deceased v. City of DetroitCourt of Appeals for the Sixth Circuit · 1994
  4. United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, MississippiCourt of Appeals for the Fifth Circuit · 1996
  5. United States v. CordobaCourt of Appeals for the Ninth Circuit · 1997

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3Cited by35 opinions

  1. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  2. Gammill v. Jack Williams Chevrolet, Inc.Texas Supreme Court · 1998
  3. City of Tuscaloosa v. Harcros Chemicals, Inc.Court of Appeals for the Eleventh Circuit · 1998
  4. Carol Heller v. Shaw Industries, Inc.Court of Appeals for the Third Circuit · 1999
  5. United States v. NicholsCourt of Appeals for the Tenth Circuit · 1999

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