United States Third Circuit

In a products liability action brought against Ford by an automobile technician who was injured when the rear liftgate glass of a 2002 Ford Explorer shattered, summary judgment for Ford is reversed and remanded where the district court erred in: 1) excluding an expert witness who should have been qualified as an expert even though he may not have been the "best qualified" expert; 2) focusing exclusively on Fed. R. Evid. 407 and failing to consider Rule 703, which governs the bases of opinion testimony by experts; and 3) holding that the expert witness failed to establish a causal link between the alleged defect in the service manual language and plaintiff's injury.

Appellate Information

• Decided 03/24/2008
• Published 03/24/2008

Judges

• Before:  McKEE, AMBRO, Circuit Judges, and IRENAS, Senior District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Scot R. Withers, Esq., (Argued), Lamb McErlane PC, and Andrew P. Motel, Esq., Law Offices of Andrew P. Motel, LLC, West Chester, PA, for Appellant.


• For Appellees:
  
• C. Scott Toomey, Esq., Tiffany M. Alexander, Esq., Kristen E. Dennison, Esq., (Argued), Campbell Campbell Edwards & Conroy, P.C., Wayne, PA, for Appellee.