Shan Kovaly v. Wal-Mart Stores Texas, L.L.C.

JERRY E. SMITH, Circuit Judge: *

The opinion issued on August 12, 2015, 2015 U.S.App. LEXIS 14346, is WITHDRAWN, and the following opinion is substituted:

Shan Kovaly appeals a summary judgment on his tort claims against Wal-Mart Stores Texas, L.L.C. (“Wal-Mart”), complaining of the exclusion of his expert witness under Federal Rule of Evidence 702. Because the expert’s opinion on the standard of care was sufficiently reliable to pass the district court’s gatekeeping assessment, Kovaly has offered evidence sufficient to survive summary judgment, and we reverse and remand.

I

After entering the…