Opinion

Ford Motor Co. v. Ledesma

  • 173 S.W.3d 78
  • 2005 WL 1033916
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Sep 9, 2005
Status
Published
Author
Pemberton
On the bench
Law, Smith, Pemberton
Cited by
4 cases
Authority
More cited than 6.7%

holding expert testimony of accident reconstruction concerning mark left on roadway, allegedly by truck’s driveshaft, went to credibility not reliability of expert’s theories

How later courts described this case

  • holding expert testimony of accident reconstruction concerning mark left on roadway, allegedly by truck’s driveshaft, went to credibility not reliability of expert’s theories

Written by the judges who cited it.

The opinion

OPINION

BOB PEMBERTON, Justice,

concurring.

I join in the judgment. In light of the Texas Supreme Court’s recent guidance on the admissibility of expert testimony, Volkswagen of Am., Inc. v. Ramirez, 159 S.W.3d 897 , 2004 Tex. LEXIS 1429 (Tex.2004), I have reservations regarding the district court’s admission of some of the expert testimony Ford challenges. See also Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 727 (Tex.1998); E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 557 (Tex.1995). However, even under Volkswagen, I agree with the majority that the district court did not abuse its discretion in permitting Ledes-ma’s expert Geert Aerts to testify regarding his theory that uneven u-bolt leg lengths eventually caused Ledesma’s truck axle and driveshaft to separate, causing the accident.

Based on this and other admissible evidence in the record, I would conclude that any error in admitting other expert testimony was harmless and affirm the judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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