DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053902P.pdf 09/11/2006 Yvonne Smith v. Alamo Rent-A-Car
U.S. Court of Appeals Case No: 05-3902
and No: 05-3904
Western District of Missouri
[PUBLISHED] [Colloton, Author, with Murphy and Melloy, Circuit Judges]
Civil case - Torts. District court did not abuse its discretion in
determining plaintiff's expert's opinion that the Nissan Pathfinder
involved in the accident is unsafe at highway speed on dry pavement was
inadmissible as the testimony did not meet the reliability requirements
of Rule 702; the court was also within its discretion in excluding the
expert's opinions about the need for warnings about the allegedly
dangerous condition as there is no duty to warn when there is
insufficient evidence to show the product is defective.