Legal Opinion
Demaree v. Toyota Motor Corp.
District Court, W.D. Kentucky
Decided February 9, 1999No. 3:97CV-6-MPublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MOYER, United States Magistrate Judge.
This automotive products liability case presents significant issues arising under the Supreme Court’s Daubert decision. Because the court concludes that the opinion of plaintiffs principal expert, James Kita, is based wholly on speculation, and not on any adequate scientific basis, the court struck the opinion at the close of plaintiffs case and then directed the entry of a judgment as a matter of law under Fed.R.Civ.P. 50. 1 This memorandum opinion will set out in greater detail the basis for this ruling.
Background of the…
2Cases cited16 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Court of Appeals for the Ninth Circuit · 1995
- K & T Enterprises, Inc., D/B/A Dairy Queen of Blissfield, and Tahani Khoury v. Zurich Insurance Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- prod.liab.rep. (Cch) P 14,437 Pamela Morales, Guardian of Gary Thompson v. American Honda Motor Company, Inc.Court of Appeals for the Sixth Circuit · 1995
- Claude I. Smelser v. Norfolk Southern Railway Company, Norfolk and Western Railway Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1997
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3Cited by10 opinions
- Colon Ex Rel. Molina v. Bic USA, Inc.District Court, S.D. New York · 2001
- King v. Ford Motor Co.Court of Appeals for the Sixth Circuit · 2000
- CSX Transportation, Inc. v. MillerCourt of Special Appeals of Maryland · 2004
- Wood v. Toyota Motor Corp.Court of Special Appeals of Maryland · 2000
- Jackson v. E-Z-Go Div. of Textron, Inc.District Court, W.D. Kentucky · 2018
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