Cano

Cano v. Continental Airlines Inc.

Good Law
193 F. App'x 664
United States Court of Appeals for the Ninth CircuitJuly 20, 2006No. 04-16622California1,075 words

Opinion

Lead Opinion

MEMORANDUM **

Heirs and beneficiaries of the decedent, Rafaela Cano, appeal from the district court’s grant of summary judgment on the issue of causation in this diversity case. Asserting claims based on negligence and wrongful death under Arizona law, Appellants had alleged that Continental Airlines bore responsibility for Cano’s death from sudden cardiac arrhythmia while in an airplane lavatory. We omit the relevant facts as they are known to the parties.

I

Appellants first contend that the district court abused its discretion in excluding the testimony of Dr. Gerald B. Lee, a cardiologist, whose opinion was that Cano probably experienced a protracted period of premonitory symptoms before succumbing to the fatal arrhythmia. The district court made a very thorough analysis of the scientific reliability of Dr. Lee’s expert testimony, see Fed.R.Evid. 702; Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and we are satisfied that the court acted within its broad discretion. See United States v. Hankey, 203 F.3d 1160, 1168 (9th Cir.2000); see also Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152 , 119 S.Ct. 1167 , 143 L.Ed.2d 238…

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