Gerald Coury v. Road & Driveway Company

98 F.3d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerald COURY, Plaintiff-Appellant, v. ROAD & DRIVEWAY COMPANY, Defendant-Appellee. No. 95-35203. United States Court of Appeals, Ninth Circuit. Submitted Sept. 19, 1996. * Decided Oct. 2, 1996. Before: PREGERSON, BOOCHEVER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Joni Coury, a Michigan resident, died when her car lost control in Oregon on a curve recently paved by Road & Driveway Company. Gerald Coury ("Coury") appeals the grant of summary judgment to Road & Driveway in his negligence action alleging that the company failed adequately to warn. DISCUSSION 3 This court reviews a grant of summary judgment de novo, Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995), cert. denied, 116 S.Ct. 1261 (1996), and we will uphold the court's decision to exclude expert testimony unless it is "manifestly erroneous." Claar v. Burlington N.R. Co., 29 F.3d 499, 500-01 (9th Cir.1994). I. Expert…