Legal Opinion
Hodges v. Indiana Mills & Mfg
Court of Appeals for the Fifth Circuit
Decided December 27, 2006No. 04-41362, 04-41764 and 05-40686PublishedCited by 1 opinion
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
These three appeals arise out of a product-liability, diversity action for injuries sustained because of a secondary collision in Texas, involving a tractor-trailer manufactured by Mack Trucks, Inc. (Mack). Mack seeks judgment as a matter of law and, in the alternative, a new trial, claiming, inter alia, the district court improperly both admitted expert testimony and excluded evidence concerning the use, or nonuse, of his seatbelt by James Hodges (Hodges), the injured driver of the truck. Hodges received a multi-million dollar verdict. He and his wife,…
2Cases cited33 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Pool v. Ford Motor Co.Texas Supreme Court · 1986
- Uniroyal Goodrich Tire Co. v. MartinezTexas Supreme Court · 1998
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3Cited by1 opinion
- James Edwin Hodges Beverly Hodges, Plaintiffs-Appellees-Cross-Appellants v. Mack Trucks, Inc., Defendant-Appellant-Cross-Appellee. James Edwin Hodges Beverly Hodges v. Indiana Mills & Manufacturing, Inc., Mack Trucks, Inc., James Edwin Hodges Beverly Hodges v. Indiana Mills & Manufacturing, Abf Freight System, Inc., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 2006