Diviero

Diviero v. Uniroyal Goodrich Tire Co.

Good Law
114 F.3d 851·97 Daily Journal DAR 6765·1997 WL 301514·47 Fed. R. Serv. 168·1997 U.S. App. LEXIS 12362
United States Court of Appeals for the Ninth CircuitMay 29, 1997No. 96-15933California1,062 words

Opinion

Lead Opinion

Choy, J.

Richard Diviero and Kay Heminger (“Diviero and Heminger” or “appellants”) appeal the district court’s grant of summary judgment in favor of Uniroyal Goodrich Tire Company (“Uniroyal” or “appellee”). Diviero v. Uniroyal Goodrich Tire Co., 919 F.Supp. 1353 (D.Ariz.1996). Diviero and Heminger sued Uniroyal for personal injuries arising from an alleged product defect in a Uniroyal tire. Appellants offered expert testimony to prove the tire was defective, however, the district court refused to admit the testimony and granted summary judgment to Uniroyal.

The issues raised on this appeal are: (1) whether the district court abused its discretion by refusing to admit the opinions of appellants’ expert, Loren Forney, because they were not helpful to the trier of fact and not reliable; (2) whether the district court erred by applying Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), to Forney’s testimony; and (3) whether the district court abused its discretion by placing a higher burden of proof on appellants to show reliability than is required under Arizona law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On August 7, 1990, Richard…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.