EI Du Pont De Nemours & Co. v. Robinson

CORNYN, Justice, joined by HIGHTOWER, GAMMAGE and SPECTOR, Justices, dissenting.

Whether jurors will be permitted to hear testimony on an essential element of the plaintiffs’ lawsuit, and accept or reject it, in whole or in part as they see fit, is the issue with which we are presented. It is not whether we as judges find such evidence credible or “reliable,” to use the terminology adopted by the Court. Determining credibility is uniquely a jury function. Although I share the Court’s concern about admission of unsupported expert testimony, see Havner v. E-Z Mart Stores, Inc., 825 S.W.2d 456,…