Tuesday, June 20, 2006

Testimony on Defective Tires Was Itself Defective, Says Texas Supreme Court

After conducting a searching review of plaintiffs' expert testimony and finding it unreliable, the Texas Supreme Court has reversed an $11 million verdict in a tire defect case involving a rollover and four fatalities. See Cooper Tire & Rubber Co. v. Mendez, No. 04-1039 (Tex. June 16, 2006).

posted by pn at 3:56 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.