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SMITH v. GOODYEAR TIRE & RUBBER CO.

No. 06-60373.

495 F.3d 224 (2007)

Jimmy Charles SMITH, Plaintiff-Appellant, v. The GOODYEAR TIRE & RUBBER COMPANY; et al., Defendants, The Goodyear Tire & Rubber Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 2007.

Attorney(s) appearing for the Case

Jennifer Ingram Wilkinson (argued), Carroll H. Ingram, Ingram & Associates, Hattiesburg, MS, for Plaintiff-Appellant.

Michael Wayne Baxter (argued), Barry Douglas Hassell, Copeland, Cook, Taylor & Bush, Ridgeland, MS, for Defendant-Appellee.

Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

The question before us is whether the district court abused its discretion by rejecting the expert testimony of a polymer scientist regarding the cause of a particular tire's failure. The scientist had no expertise in tire design, manufacture, or malfunction. We find that the district court was within its discretion to limit the polymer scientist's testimony, and preclude him from testifying as to the cause of the subject tire's failure....

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