Legal Opinion

Barrel of Fun, Inc. D/B/A the Music Factory v. State Farm Fire & Casualty Company

Court of Appeals for the Fifth Circuit

Decided August 24, 1984No. 83-3525PublishedCited by 48 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

This case presents the question of whether expert testimony based solely on the results of a psychological stress evaluation (PSE) is admissible evidence. Because we conclude that no relevant distinction can be drawn between such testimony and expert testimony based on polygraph evidence— long held inadmissible by this Court — we hold that PSE evidence is likewise inadmissible.

On November 24, 1981, a fire occurred at The Music Factory, a retail store selling phonograph records, tapes, stereo equipment, and musical instruments, in Larose, Louisiana. The Music Factory was…

2Cases cited35 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. People v. TarsiaNew York Court of Appeals · 1980
  3. United States v. Steven John AlexanderCourt of Appeals for the Eighth Circuit · 1975
  4. United States v. James W. WilliamsCourt of Appeals for the Fifth Circuit · 1971
  5. James Martin Smith v. Douglas M. Gonzales, Thomas P. LaneCourt of Appeals for the Fifth Circuit · 1982

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3Cited by48 opinions

  1. Jules R. Viterbo, Et Ux, (Patricia Viterbo) v. The Dow Chemical Co.Court of Appeals for the Fifth Circuit · 1987
  2. United States v. Frank Locascio, and John GottiCourt of Appeals for the Second Circuit · 1993
  3. In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1985
  4. United States v. Miriam Henao Posado, Pablo Ramirez and Irma Clemencia HurtadoCourt of Appeals for the Fifth Circuit · 1995
  5. Christophersen v. Allied-Signal Corp.Court of Appeals for the Fifth Circuit · 1991

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