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LOUGHAN v. FIRESTONE TIRE & RUBBER CO.

Nos. 83-5189, 83-5520.

749 F.2d 1519 (1985)

John F. LOUGHAN, Plaintiff-Appellant, v. FIRESTONE TIRE & RUBBER COMPANY, Defendant-Appellee. John F. LOUGHAN, Plaintiff-Appellant, Cross-Appellee, v. FIRESTONE TIRE AND RUBBER COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 10, 1985.

Attorney(s) appearing for the Case

Richard C. Alkire, Komito, Nurenberg, Plevin, Jacobson, Heller & McCarthy Co., Marshall I. Nurenberg, Harlan M. Gordon, Joel Levin, Cleveland, Ohio, Ronald Payne, Fort Lauderdale, Fla., for Loughan.

G. William Bissett, Preddy, Kutner & Hardy, Miami, Fla., Paul Michael Pohl, Cleveland, Ohio, for Firestone Tire & Rubber Co.

Before KRAVITCH and HATCHETT, Circuit Judges, and HANCOCK, District Judge.

HATCHETT, Circuit Judge:

In these consolidated appeals, we review the admissibility of habit evidence pursuant to Rule 406, Federal Rules of Evidence, and other claims of error arising out of this personal injury diversity case. We affirm.

Facts

On July 24, 1974, John F. Loughan, the appellant, while employed as a tire mechanic by Slutz-Seiberling Tire Company in Fort Lauderdale, Florida, was mounting and dismounting a Firestone multi-piece rim wheel...

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