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Diviero v. Uniroyal Goodrich Tire Co.

Citations: 114 F.3d 851; 97 Daily Journal DAR 6765; 97 Cal. Daily Op. Serv. 4030; 47 Fed. R. Serv. 168; 1997 U.S. App. LEXIS 12362; 1997 WL 301514Docket: No. 96-15933

Court: Court of Appeals for the Ninth Circuit; May 29, 1997; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellants challenged the district court's ruling that granted summary judgment in favor of the appellee, Uniroyal Goodrich Tire Company, in a personal injury lawsuit involving an alleged tire defect. The court excluded expert testimony from Loren Forney, deeming it unhelpful and unreliable, as he could not adequately rule out alternative causes for the tire failure. The appellants contended that the court erred in excluding the testimony, improperly applied the Daubert standard, and imposed an excessive burden of proof regarding the reliability of the testimony under Arizona law. The district court's decision was based on the principles of Rule 702, which necessitate that expert testimony be both relevant and reliable. In its review, the appellate court conducted a de novo assessment, focusing on whether there were genuine issues of material fact. Ultimately, the court upheld the summary judgment, affirming the exclusion of Forney's testimony due to its speculative nature and the appellants' failure to establish that the tire was defective and unreasonably dangerous, consistent with Arizona law. The decision emphasized the necessity for expert testimony to be grounded in scientific and technical knowledge, excluding mere speculation.

Legal Issues Addressed

Application of the Daubert Standard

Application: The district court's assessment of Forney's testimony did not require the application of Daubert as it failed to meet Rule 702's reliability criteria, rendering it speculative and inadmissible.

Reasoning: It was unnecessary to determine whether Daubert's standards applied, as Forney's testimony failed to meet Rule 702's reliability criteria.

Burden of Proof in Products Liability Claims under Arizona Law

Application: The court correctly required the appellants to demonstrate that it was more probable than not that the tire was defective and unreasonably dangerous, in accordance with Arizona law.

Reasoning: The district court correctly required the appellants to demonstrate that it was more probable than not that the tire was defective and unreasonably dangerous, aligning with Arizona law.

Exclusion of Expert Testimony under Rule 702

Application: The district court excluded the expert testimony of Loren Forney, finding it unhelpful and unreliable due to Forney's inability to rule out other potential causes and lack of knowledge about adhesion failures.

Reasoning: The appellants presented expert testimony from Loren Forney to establish the tire's defectiveness, but the district court excluded this testimony, finding it unhelpful and unreliable.

Summary Judgment Review Standard

Application: The appellate court will review the district court's grant of summary judgment de novo, assessing if genuine issues of material fact exist when evidence is viewed favorably toward the appellants.

Reasoning: The appellate court will review the summary judgment grant de novo, considering if genuine issues of material fact exist based on the evidence viewed favorably toward the appellants.