Nos. 04-41362, 04-41764 and 05-40686.

474 F.3d 188 (2006)

James Edwin HODGES; Beverly Hodges, Plaintiffs-Appellees-Cross-Appellants, v. MACK TRUCKS, INC., Defendant-Appellant-Cross-Appellee. James Edwin Hodges; Beverly Hodges, Plaintiffs-Appellants, v. Indiana Mills & Manufacturing, Inc., et al., Defendants, Mack Trucks, Inc., Defendant-Appellee. James Edwin Hodges; Beverly Hodges, Plaintiffs-Appellees, v. Indiana Mills & Manufacturing; et al., Defendants, ABF Freight System, Inc., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 2006.

Attorney(s) appearing for the Case

Leon René Russell, Dallas, TX, Carl R. Roth, Michael Charles Smith (argued), The Roth Law Firm, Marshall, TX, for James & Beverly Hodges.

Sidney Katherine Powell (argued), Law Offices of Sidney Powell, Asheville, NC, Deborah Ann Pearce, Powell & Pearce, New Orleans, LA, for Mack Trucks, Inc.

Alexander Nelson Beard (argued), Bishop & Hummert, Darryl Jan Silvera, The Silvera Firm, Dallas, TX, for ABF Freight System, Inc.

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.


These three appeals arise out of a product-liability, diversity action for injuries sustained because of a secondary collision in Texas, involving a tractor-trailer manufactured by Mack Trucks, Inc. (Mack). Mack seeks judgment as a matter of law and, in the alternative, a new trial, claiming, inter alia, the district court improperly both admitted expert testimony and excluded evidence concerning the use, or nonuse, of...

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