Legal Opinion · Dissent

Anderson v. Nissei ASB MacH. Co., Ltd.

Court of Appeals of Arizona

Decided December 23, 1999No. 1 CA-CV 98-0304, 1 CA-CV 98-0339Published

1DissentThompson, Judge

¶ 42 The trial judge repeatedly ruled the evidence about “drool” to be inadmissibly speculative and irrelevant.6 His evidentiary rulings are entitled to considerable deference. See Maxwell v. Aetna Life Ins. Co., 143 Ariz. 205, 213, 693 P.2d 348, 356 (App. 1984). Having allowed Anderson latitude in his attempt to establish a foundation for his “drool” theory to explain the modification of this equipment, the court said, “... I don’t think that the fact that there is drool in the machine is relevant.” The judge indicated, “[b]ut there is no evidence, that’s speculation as to what happened, why…

2Cases cited8 opinions

  1. Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
  2. Brown v. Sears, Roebuck & Co.Court of Appeals of Arizona · 1983
  3. Maxwell v. Aetna Life InsuranceCourt of Appeals of Arizona · 1984
  4. Ford Motor Company v. EadsTennessee Supreme Court · 1970
  5. Davis v. Berwind Corp.Superior Court of Pennsylvania · 1994

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API