44 Fed. R. Evid. Serv. 1213, Prod.Liab.Rep. (Cch) P 14,690 Shane Duffee, Minor, By and Through Guardian and Next Friend, Rose Thornton, Plaintiff-Appellant, v. Murray Ohio Manufacturing Co., Wal-Mart Stores, Inc., and Shimano American, Inc., Defendants-Appellees., 91 F.3d 1410 (10th Cir. 1996)

Federal Circuits, 10th Cir. (August 05, 1996)

Docket number: 95-3055,95-3241


Permanent Link: http://vlex.com/vid/prod-liab-shane-duffee-thornton-shimano-36120652
Id. vLex: VLEX-36120652

Click here to download this article in graphic format (Acrobat Reader)

Document language

Search in this document

Sponsored Ads:


Citations:

U.S. Supreme Court - Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)

U.S. Court of Appeals for the 10th Cir. - Scott Wolf, Brenda Wolf, Husband and Wife, Plaintiffs-Appellants, v. Prudential Insurance Company of America, a New Jersey Corporation; the Prudential Service Bureau, Inc., a Foreign Corporation; the Prudential Life Insurance Company, a Foreign Corporation, Defendants-Appellees, and Annuity Board of the Southern Baptist Convention, Inc., a Texas Corporation, Defendant., 50 F.3d 793 (10th Cir. 1995) Brenda Wolf, Husband and Wife, Plaintiffs-Appellants, v. Prudential Insurance Company of America, a New Jersey Corporation; the Prudential Service Bureau, Inc., a Foreign Corporation; the Prudential Life Insurance Company, a Foreign Corporation, Defendants-Appellees, and Annuity Board of the Southern Baptist Convention, Inc., a Texas Corporation, Defendant.

U.S. Court of Appeals for the 7th Cir. - Linda Buckner and Lawrence Buckner, Plaintiffs-Appellants, v. Sam'S Club, Incorporated, Defendant-Appellee., 75 F.3d 290 (7th Cir. 1996)

U.S. Court of Appeals for the 7th Cir. - Raymond Rosen, Plaintiff-Appellant, v. Ciba-Geigy Corporation, Defendant-Appellee., 78 F.3d 316 (7th Cir. 1996)

U.S. Court of Appeals for the 11th Cir. - Robert K. Joiner, Karen P. Joiner, Plaintiffs-Appellants, v. General Electric Company, a New York Corporation; Westinghouse Electric Corporation, a Pennsylvania Corporation; Monsanto Company, a Delaware Corporation, Defendants-Appellees., 78 F.3d 524 (11th Cir. 1996)


See all quotations

FeediconRSS What's this?

Cited by:

U.S. Court of Appeals for the 10th Cir. - Andale Equipment Inc. v. Deere & Co. (10th Cir. 2000)

U.S. Court of Appeals for the 10th Cir. - Sharon Staley, Individually and as Representative of the Estate of Ronald Eugene Staley; Robert Staley, Karen Alejandro, Plaintiffs-Appellants, and Travelers Indemnity Company, Plaintiff-Intervenor, v. Bridgestone/Firestone, Inc., a Corporation, Defendant-Appellee., 106 F.3d 1504 (10th Cir. 1997)

U.S. Court of Appeals for the 10th Cir. - Eric J. Wright, a Disabled Minor, By and Through the Trust Company of Kansas, Conservator of the Estate of Eric J. Wright, Plaintiff - Appellant, v. Abbott Laboratories, Inc., Defendant - Appellee., 259 F.3d 1226 (10th Cir. 2001)

U.S. Court of Appeals for the 10th Cir. - Joseph C. Nielsen, Individually and on Behalf of all Similarly Situated Shareholders of Moroni Feed Company, Plaintiff-Appellant, v. Moroni Feed Company, a Utah Corporation; Tim Blackham, Individually and as Chairman of the Board of Directors of Moroni Feed Company; David Bailey, Individually and as President of Moroni Feed Company; Carol Blain, Individually; Frank Cook, Individually and as Vice President of Moroni Feed Company; Blake Donaldson, Individually; and Parry Olson, Individually and as a Member of the Board of Directors of Moroni Feed Company, Defendants-Appellees., 162 F.3d 604 (10th Cir. 1998) Individually and on Behalf of all Similarly Situated Shareholders of Moroni Feed Company, Plaintiff-Appellant, v. Moroni Feed Company, a Utah Corporation; Tim Blackham, Individually and as Chairman of the Board of Directors of Moroni Feed Company; David Bailey, Individually and as President of Moroni Feed Company; Carol Blain, Individually; Frank Cook, Individually and as Vice President of Moroni Feed Company; Blake Donaldson, Individually; and Parry Olson, Individually and as a Member of the Board of Directors of Moroni Feed Company, Defendants-Appellees.

U.S. Court of Appeals for the 10th Cir. - Sports Racing Services, Inc.; John K. Freeman, Plaintiffs-Counter-Defendants-Appellants, v. Sports Car Club of America, Inc., Defendant-Appellee, and Scca Enterprises, Inc., Defendant-Counter-Claimant-Appellee, and Donneybrooke Motor Racing Equipment, Inc., and Martin Downey Motorsports, Inc., Defendants., 131 F.3d 874 (10th Cir. 1997)

Text:

Mark W. Works, Topeka, Kansas, appearing for Appellant.

Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Appellees Murray Ohio and Wal-Mart Stores.*

David E. Larson, Larson & Larson, Kansas City, Missouri (Randall W. Schroer with him on the brief), for Appellee Shimano American.*

Before TACHA, McWILLIAMS, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

On February 21, 1992, Shane Duffee was struck by a car while riding his bicycle. By and through his guardian and next of friend Rose Thornton, Duffee sued Wal-Mart, Murray Ohio Manufacturing Company, and Shimano American, Inc., alleging warning, design, and manufacturing defects under negligence, strict liability, and warranty theories. The district court granted summary judgment in favor of Wal-Mart and Murray on all claims on February 8, 1995. The court granted summary judgment in favor of Shimano on all claims on July 24, 1995. After careful review of the record, we adopt the analysis of the district court's February 8, 1995, and July 24, 1995, orders.

In the February 8 order, the district court determined that testimony from Duffee's expert regarding the safety of the brakes on Duffee's bike was inadmissible under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). The only issue that this court must reach is the question of which standard should be used to review decisions to exclude expert testimony under Daubert that result in summary judgment. Ordinarily we review the grant or denial of summary judgment de novo. Wolf v. Prudential Ins. Co. of Am., 50 F.3d 793, 796 (10th Cir.1995). Evidentiary rulings, however, are generally reviewed for abuse of discretion. Hinds v. General Motors Corp., 988 F.2d 1039, 1047 (10th Cir.1993). The Third and Eleventh Circuits, while acknowledging that evidentiary rulings usually receive greater deference, have nonetheless held that "when the district court's exclusionary evidentiary rulings with respect to scientific opinion testimony will result in a summary or directed judgment, we will give them a 'hard look' (more stringent review) to determine if a district court has abused its discretion in excluding evidence as unreliable." In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 749-750 (3d Cir.1994) (citation omitted); see Joiner v. General Elec. Co., 78 F.3d 524, 529 (11th Cir.1996) (applying "a particularly stringent standard of review to the trial judge's exclusion of expert testimony.") The Seventh Circuit, on the other hand, has held that the trial judge's decision to exclude evidence under Daubert should be reviewed for abuse of discretion, even when that decision results in summary judgment. Buckner v. Sam's Club, Inc., 75 F.3d 290, 292-93 (7th Cir.1996); see Rosen v. Ciba-Geigy Corp., 78 F.3d 316, 318 (7th Cir.1996).

Daubert requires district judges to act as gatekeepers to ensure that scientific evidence is both relevant and reliable. Daubert, 509 U.S. at 591-95, 113 S.Ct. at 2796-97. This entails two inquiries: whether the reasoning and methodology underlying the testimony is scientifically valid, and whether the reasoning and methodology can properly be applied to the facts. Id. at 593, 113 S.Ct. at 2796. Like the Supreme Court, we "are confident that federal judges possess the capacity to undertake this review." Id. Their decisions, therefore, are properly reviewed under the traditional abuse of discretion standard. In this case, the district judge found that the testimony of the plaintiff's expert was not supported by appropriate validation, and therefore was inadmissible under Daubert. After reviewing the record, we conclude that the district judge did not abuse his discretion by excluding this testimony.

We AFFIRM for substantially the reasons given by the district court and ORDER both of the district court's orders in this case to be published.

* Appellees Murray Ohio, Wal-Mart Stores, and Shimano American filed a joint brief

Sponsored Ads:




Activate your free trial now

Make your order

Need help? Contact us

Try vLex for FREE for 3 days

Access legal information from United States including:

  • Constitutions
  • Forms and Contracts
  • Legal Books and Journals
  • Case Law
  • News and Business
  • Regulations
  • U.S. Code

Try vLex without any commitment for 3 days and see why you need it.

3

days of Free Access