United States Fifth Circuit

Where the testimony of the expert witnesses was in sharp conflict on the issues of causation and design defect, and evidence was plain that the defendants were distinct corporations, it was error for the court to instruct the jury in a manner that encouraged it to think of multiple defendants as one entity.

Appellate Information

• Decided 02/14/2001
• Published 02/14/2001

Judges

• JERRY E. SMITH, Circuit Judge:, Before JOLLY, JONES and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Rex Blackburn (argued), Paul J. Augustine, Evans, Keane LLP, Boise, ID, J. Arnold Aguilar, Brownsville, TX, Mark D. Kamitomo, The Markam Group, Inc., Spokane, WA, for Plaintiffs-Appellees., Edward C. Mainz, Jr. (argued), Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, TX, Robert Laurence Guerra, Dale William Kasofsky, Thornton, Summers, Biechlin, Dunman & Brown, McAllen, TX, Robert Barnes Summers, Llano, TX, for Defendants-Appellants.