Legal Opinion
DeArmond v. Wal-Mart Louisiana LLC
Court of Appeals for the Fifth Circuit
Decided June 26, 2009No. 08-30956UnpublishedCited by 13 opinions
1Opinion of the Court
PER CURIAM: *
Conly DeArmond appeals the denial of his motion in limine to exclude Wal-Mart’s expert witness, Stephen Killingsworth, from testifying at trial. Concomitantly, he contests the denial of his post-trial motion for judgment as a matter of law, or a new trial, based on that testimony.
On 8 June 2004, DeArmond was involved in an accident with a riding lawnmower he had recently purchased from a Wal-Mart. DeArmond alleges: he removed the new lawnmower from his trailer; after backing it into the driveway, he shifted it into forward gear; and, upon releasing the clutch, the mower jumped…
2Cases cited10 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Watkins v. Telsmith, Inc.Court of Appeals for the Fifth Circuit · 1997
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- De Alfaro v. Panther II Transportation, Inc.District Court, S.D. Texas · 2024
- Dickson v. Bosworth Company, Ltd.District Court, W.D. Texas · 2022
- Harrison v. Aztec Well Servicing CoDistrict Court, N.D. Texas · 2022
- In re M/V AET Excellence and M/V AET InnovatorDistrict Court, S.D. Texas · 2025
- Neessen v. Beau Rivage Resorts, LLCDistrict Court, S.D. Mississippi · 2019
8 more not listed; retrieve them via the Exa API.