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ROGERS v. RAYMARK INDUSTRIES, INC.

No. 89-15066.

922 F.2d 1426 (1991)

Hester M. ROGERS, individually and as Special Administratrix of the Estate of Clinton W. Rogers, decedent, Plaintiff-Appellant, v. RAYMARK INDUSTRIES, INC., et al., Defendants, and Fibreboard Corporation and Keene Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1991.

Attorney(s) appearing for the Case

Gloria J. Husick, Carlson & Husick, Dublin, Cal., for plaintiff-appellant.

Steven M. Garrett and Kelly C. Wooster, Brobeck, Phleger & Harrison, San Francisco, Cal., for defendant-appellee Fibreboard Corp.

Larry C. Lowe, Morgenstein & Jubelirer, San Francisco, Cal. (argued case for defendant-appellee Keene Corp.) and J. Lawrence Judy, Shield & Smith, San Francisco, Cal. (signed the briefs), for defendant-appellee Keene Corp.

Before GOODWIN, Chief Judge, BROWNING and RYMER, Circuit Judges.

RYMER, Circuit Judge:

This is an asbestos case. The appeal raises questions about the extent of a trial judge's discretion to exclude expert and percipient witness opinion testimony under Fed.R.Evid. 403 and to permit use of third-party x-rays for demonstrative purposes even though they had not been identified in the pre-trial order.

Hester Rogers ("plaintiff"), widow of Clinton Rogers ("Rogers"), sued Fibreboard Corporation and Keene Corporation, two asbestos...

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