United States Fifth Circuit

In appeals arising out of a product-liability action for injuries sustained because of a secondary collision in Texas, involving a tractor-trailer manufactured by Mack Trucks, a judgment pursuant to a jury verdict against Mack is vacated and the matter remanded for new trial where the trial court abused its discretion when it categorically excluded seatbelt evidence.

Appellate Information

• Decided 12/27/2006
• Published 12/28/2006

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Leon René Russell, Dallas, TX, Carl R. Roth, Michael Charles Smith (argued), The Roth Law Firm, Marshall, TX, for James & Beverly Hodges., Sidney Katherine Powell (argued), Law Offices of Sidney Powell, Asheville, NC, Deborah Ann Pearce, Powell & Pearce, New Orleans, LA, for Mack Trucks, Inc., Alexander Nelson Beard (argued), Bishop & Hummert, Darryl Jan Silvera, The Silvera Firm, Dallas, TX, for ABF Freight System, Inc.