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CARMICHAEL v. SAMYANG TIRE, INC.

No. 96-6650.

131 F.3d 1433 (1997)

Patrick CARMICHAEL, Sr., an individual, father and next of kin to Patrick Carmichael, Jr., a minor; Luziminda Carmichael, an individual, mother and next friend of Carina Horn, a minor and administratrix of estates of Janice Horn; Carina Horn, a minor; Leona Carmichael, Shameela Carmichael, Natimah Carmichael, Plaintiffs-Appellants, v. SAMYANG TIRE, INC.; Hercules Tire Company; Kuhmo, U.S.A.; Kumho & Company, Inc., Defendants-Appellees, Cooper Rubber and Tire Company, Ford Motor Company, Defendants.

United States Court of Appeals, Eleventh Circuit.

December 23, 1997.

Attorney(s) appearing for the Case

Steven A. Martino, Robert J. Hedge, Scott E. Denson, Sid Jackson, Jackson, Taylor and Mantino, Mobile, AL, for Plaintiffs-Appellants.

Warren C. Herlong, Jr., Joseph Pr. H. Babington, John T. Dukes, Helmsing, Lyons, Sims & Leach, Mobile, AL, for Defendants-Appellees.

Before BIRCH and CARNES, Circuit Judges, and PROPST, Senior District Judge.

BIRCH, Circuit Judge:

In this appeal, we determine whether the Supreme Court's Daubert1 criteria for admission of scientific evidence should apply to testimony from a tire failure expert. In granting summary judgment against plaintiff-appellants, the district court relied on Daubert to exclude testimony from plaintiff-appellants' expert. Plaintiff-appellants, however, argue that the district court should not have applied...

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