Kenneth Schwering v. TRW Vehicle Safety Systems, Inc.

Kenneth M. Schwering appeals a district court order dismissing his complaint in a diversity tort action seeking damages for his injuries and his wife’s death in a motor vehicle accident in 2002.

Schwering filed a complaint against the defendants in an Ohio state court in 2003.

Trial eventually commenced in 2009, but a mistrial was declared after a dispute arose over the admissibility of the testimony of one of Schwering’s expert witnesses. Before a new trial was scheduled, Schwering voluntarily dismissed his complaint. He filed a new complaint raising the same claims in the federal district…