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Christophersen v. Allied-Signal Corp.

939 F.2d 1106 (1992)

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Christophersen v. Allied-Signal Corp.

United States Court of Appeals for the Ninth Circuit
939 F.2d 1106 (1992)

SC

Facts

Albert Christophersen worked for Marathon Manufacturing Company (Marathon) (defendant) at its battery-production plant. Christophersen died from cancer. Christophersen’s wife (plaintiff) sued Marathon, alleging that Christophersen’s inhalation of fumes in the plant caused the cancer. Christophersen’s wife presented the affidavit of a single expert witness, Dr. Miller, who stated that Christophersen’s death was caused by exposure to fumes in the plant. Dr. Miller’s affidavit was based primarily on the affidavit of a Marathon employee, Edgar Manoliu, and Christophersen’s medical records. In the affidavit, Manoliu described the fumes in the plant and how often Christophersen was exposed but did not identify the type of fumes. Indeed, Manoliu admitted that he did not know the fumes’ chemical composition. In addition, the Manoliu affidavit correctly stated that Christophersen worked at the plant for 14 years, but Miller based his conclusion on an assumption that Christophersen worked at the plant for 20 years. The district court ruled that Miller’s expert testimony was inadmissible based on both Federal Rule of Evidence 703 (Rule 703) and Federal Rule of Evidence 403. Accordingly, the court granted Marathon’s motion for summary judgment. Christophersen’s wife appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Clark, C.J.)

Dissent (Reavley, J.)

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