Legal Opinion
Best v. Lowe's Home Centers, Inc.
Court of Appeals for the Sixth Circuit
Decided April 16, 2009No. 04-4312PublishedCited by 190 opinions
1Opinion of the Court
OPINION
RONALD LEE GILMAN, Circuit Judge.
David L. Best claims to suffer from permanent anosmia — the loss of his sense of smell — as a result of a pool chemical spilling onto his face and clothing at a Lowe’s Home Center store. After filing suit against Lowe’s, Best planned to introduce the expert testimony of Dr. Francisco Moreno, a board-certified otolaryngologist (an ear, nose, and throat doctor) and a former chemical engineer, in order to establish the causal link between the chemical spill and his injuries. The district court excluded Dr. Moreno’s testimony, holding that the method…
2Cases cited19 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
- Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
- Nikitas Amorgianos v. National Railroad Passenger CorporationCourt of Appeals for the Second Circuit · 2002
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3Cited by190 opinions
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- Lipitor (Atorvastatin Calcium) Mktg. v. Pfizer, Inc.Court of Appeals for the Fourth Circuit · 2018
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