What is Kumho Tire Co Ltd v Carmichael?
In 1993, the right rear tire of a minivan driven by Patrick Carmichael blew out and the vehicle overturned. One passenger died in the accident and several others were severely injured. Subsequently, the Carmichaels brought a diversity suit against the Kumho Tire Company and others, claiming that the tire was defective.
Is Kumho Tire Chinese?
Kumho Tire (formerly known as Samyang Tire) is a Korean tire manufacturer. It is a subsidiary of Chinese tire conglomerate Doublestar. Kumho Tire was previously operated as a business unit of the Kumho Asiana Group.
Which case established that the trial judge must ensure that any and all scientific evidence is not only relevant but also reliable?
3d 1513, 1518—1519 (CA10), cert. denied, 519 U.S. 1042 (1996). In Daubert, this Court held that Federal Rule of Evidence 702 imposes a special obligation upon a trial judge to “ensure that any and all scientific testimony … is not only relevant, but reliable.” 509 U.S., at 589.
What is the Daubert ruling?
In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury.
When was Kumho Tire v Carmichael?
1999
Kumho Tire Co. v. Carmichael/Dates decided
Who won General Electric v Joiner?
Yes. In an opinion delivered by Chief Justice William H. Rehnquist, the Court held that abuse of discretion, the standard ordinarily applicable to review of evidentiary rulings, is the proper standard by which to review a district court’s decision to admit or exclude expert scientific evidence.
Who was Frye?
In 1923 James Alphonzo Frye appealed his conviction for second degree murder. In a unanimous decision, the three-judge Court of Appeals of the District of Columbia ruled for the United States in a short opinion that became one of the most notorious opinions written by a federal appeals court.
Who won General Electric vs Joiner?
The court granted GE summary judgment, reasoning that there was no genuine issue as to whether Joiner had been exposed to furans and dioxins and that his experts’ testimony had failed to show that there was a link between exposure to PCBs and small-cell lung cancer.
Is Kumho Tire Made in USA?
The code for the Kumho Tires American plant is 000. The company also has several distribution facilities in the US. Their locations are: McDonough (Gerogia), New Lenox (Illinois), South Brunswick (New Jersey), Groveport (Ohio), and Grapevine (Texas).
What was the case Kumho Tire Co v.carmichael?
Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), is a United States Supreme Court case that applied the Daubert standard to expert testimony from non-scientists. Patrick Carmichael was driving his minivan on July 6, 1993, when the right rear tire blew out.
Why did the Carmichaels sue the tire manufacturer?
One of the passengers in the vehicle died, and others were severely injured. Three months later, the Carmichaels sued the manufacturer of the tire, claiming that the tire was defective and the defect caused the accident. The Carmichaels’ case rested largely on testimony from a tire failure expert.
What was the rule of evidence in Kumho Tire?
Kumho Tire moved to exclude Carlson’s testimony on the ground that his methodology failed to satisfy Federal Rule of Evidence 702, which says: “If scientific, technical, or other specialized knowledge will assist the trier of fact , a witness qualified as an expert may testify thereto in the form of an opinion.”
Why did the Eleventh Circuit reverse Daubert v Carmichael?
However, the court affirmed its earlier order because it found insufficient indications of the reliability of Carlson’s methodology. In reversing, the Eleventh Circuit held that the District Court had erred as a matter of law in applying Daubert.
https://www.youtube.com/watch?v=t3yI5yD7rQ0