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BEST v. LOWE'S HOME CENTERS, INC.

No. 08-5924.

563 F.3d 171 (2009)

David L. BEST, Plaintiff-Appellant, v. LOWE'S HOME CENTERS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 16, 2009.

Attorney(s) appearing for the Case

ARGUED: Robert E. Pryor, Jr., Pryor, Flynn, Priest & Harber, Knoxville, Tennessee, for Appellant. Clinton J. Woodfin, Spicer, Flynn & Rudstrom, Knoxville, Tennessee, for Appellee. ON BRIEF: Robert E. Pryor, Jr., Pryor, Flynn, Priest & Harber, Knoxville, Tennessee, for Appellant. Clinton J. Woodfin, Spicer, Flynn & Rudstrom, Knoxville, Tennessee, for Appellee.

Before: MARTIN and GILMAN, Circuit Judges; ZOUHARY, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

David L. Best claims to suffer from permanent anosmia—the loss of his sense of smell—as a result of a pool chemical spilling onto his face and clothing at a Lowe's Home Center store. After filing suit against Lowe's, Best planned to introduce the expert testimony of Dr. Francisco Moreno, a board-certified otolaryngologist (an ear, nose, and throat doctor) and a

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