# Ford Motor Co. v. Ledesma

> Texas Court of Appeals, 3rd District (Austin) · September 9, 2005 · 173 S.W.3d 78

URL: https://www.frixlaw.com/law-library/cases/9604127

## Case

- **Full name:** FORD MOTOR COMPANY, Appellant, v. Tiburcio LEDESMA, Jr., Appellee
- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** September 9, 2005
- **Citations:** 173 S.W.3d 78; 2005 WL 1033916
- **Precedential status:** Published
- **Opinion:** Concurrence by Pemberton
- **Judges:** Law, Smith, Pemberton
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9604127

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9604127. Public record. Not legal advice.