CHRISTOPHERSEN v. ALLIED-SIGNAL CORP.

No. 89-1995.

939 F.2d 1106 (1991)

Rosemarie CHRISTOPHERSEN, Surviving Spouse of Albert Roy Christophersen, Deceased, and Steven Roy Christophersen, Plaintiffs-Appellants, v. ALLIED-SIGNAL CORPORATION, Inco Alloys International, Inc., United Catalysts, Inc., the Hall Chemical Company, Marathon Manufacturing Company, and CP Chemicals, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 1991.


Attorney(s) appearing for the Case

Paul Colley, Jr., Law Offices of Paul Colley, Jr., Tyler, Tex., for Christophersen, et al.

Steve Schoettmer, P. Jefferson Ballew, Thompson & Knight, Dallas Tex., for Allied-Signal, Inc.

Marc A. Sheiness, Hirsch, Glover, Robinson & Sheiness, Houston, Tex., for Inco Alloys Intern., Inc.

Pat Beard, Beard & Kultgen, Waco, Tex., for United Catalysts, Inc.

Michael W. Huddleston, Teresa Bohne, R. Brent Cooper, Cowles & Thompson, Dallas, Tex., for The Hall Chemical Co.

Clifton T. Hutchison, Theodore Stevenson, III, Hughes & Luce, Dallas, Tex., for Marathon Mfg.

Frederick deB. Bostwick, III, Elizabeth S. Miller, Jeff Kinsel, Naman, Howell, Smith & Lee, Waco, Tex., for CP Chemicals, Inc.

Kenneth S. Geller, Mayer, Brown and Platt, Washington, D.C., for amicus curiae, Product Liability Advisory Council, et al.

David F. Zoll, V.P., Donald D. Evans, Deputy General Counsel, Michael P. Walls, Asst. General Counsel, Chemical Mfrs. Ass'n, Washington, D.C., for amicus curiae Chemical Mfrs.

Brent M. Rosenthal, Baron & Budd, Dallas, Tex., for amicus curiae Trial Lawyers for Public Justice (in support of appellant.)

Before CLARK, Chief Judge, REAVLEY, KING, JOHNSON, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER and BARKSDALE, Circuit Judges.


PER CURIAM:

The issue presented by this appeal is how a court should determine the admissibility of expert opinion testimony. At the summary judgment stage of this case, plaintiff attempted to establish medical causation of a toxic tort through the testimony of a single expert witness. The district court held that the basis of the expert's opinion was insufficiently reliable and, in the alternative, that the expert's testimony would have been more prejudicial than...

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