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RODRIGUEZ v. CROWN EQUIPMENT CORP.

No. 89-8053.

923 F.2d 416 (1991)

Victor T. RODRIGUEZ and His Wife, Mona J. Rodriguez, Plaintiffs-Appellants, v. CROWN EQUIPMENT CORP., and Rust Equipment Co., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 14, 1991.

Attorney(s) appearing for the Case

Jose Montes, Jr., Michael D. Volk, Volk & Montes, El Paso, Tex., for defendants-appellants.

David Jeans, Karl O. Wyler, III, El Paso, Tex., Roger Stanton, Stinson, Mag & Fizzell, Overland Park, Kan., for Crown Equipment Corp.

Larry W. Hicks, Daniel R. Malone, El Paso, Tex., for Rust Equipment.

Before JOHNSON, WILLIAMS, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Victor T. Rodriguez and his wife sued Crown Equipment Corp., a forklift manufacturer, and its local service agent, Rust Equipment Co., for injuries Victor suffered while operating a Crown forklift. The jury found against them and they here attack the exclusion of evidence of a similar accident and a trial court ruling that assertedly allowed an expert to express opinions at trial that differed from those expressed in his deposition...

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