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BARTLEY v. EUCLID, INC.

No. 97-40365.

180 F.3d 175 (1999)

John BARTLEY; Mike Rucker; Chris Luker; Walter Henry; Tim Humber, Plaintiffs-Appellees Cross-Appellants, Planet Insurance Company, Intervenor Plaintiff-Appellee, v. EUCLID, INC., et al., Defendants, Euclid, Inc., Defendant-Intervenor Defendant Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1999.

Attorney(s) appearing for the Case

Andy Wade Tindel, James Mark Mann, Wellborn, Houston, Adkison, Mann, Sadler & Hill, Henderson, TX, Don Wheeler, Wheeler & Russell, Center, TX, for Plaintiffs-Appellees Cross-Appellants.

Kevin J. Croy, James Preston Dobbs, III, Burford & Ryburn, Dallas, TX, for Planet Ins. Co.

H. Douglas Wabner, Tim Marlin Wheat, Ben Taylor, Fulbright & Jaworski, Dallas, TX, William Joseph Boyce, Fulbright & Jaworski, Houston, TX, for Euclid, Inc.

Clifton T. Hutchinson, Bert Black, Hughes & Luce, Dallas, TX, Hugh F. Young, Jr., Product Liability Advisory Council, Reston, VA, for Product Liability Advisory Council, Inc., Amicus Curiae.

David P. Herrick, Dallas, TX, for Washington Legal Foundation, Amicus Curiae.

Before REAVLEY, POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

REAVLEY, Circuit Judge:

Five drivers of heavy equipment coal haulers sued the manufacturer for injuries caused by the unreasonably dangerous design of the haulers. Four drivers obtained verdicts and judgments. Three of these have now settled their claims. The manufacturer's appeal of the judgment for Chris Luker contends that the evidence of causation was insufficient, that expert testimony was improperly admitted, and that the claim was proscribed by limitations...

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