O'Banion v. Owens-Corning Fiberglas Corp.

968 F.2d 1011 (1992)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
O
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

O'Banion v. Owens-Corning Fiberglas Corp.

United States Court of Appeals for the Tenth Circuit
968 F.2d 1011 (1992)

Facts

Stanley O’Banion (plaintiff) sued Owens-Corning Fiberglas Corporation (Owens-Corning) (defendant) for asbestos-related injuries. At trial, instead of having an expert witness testify live, Owens-Corning introduced the expert’s prior trial testimony from another asbestos case. Owens-Corning did not make any showing that the expert was unavailable. Rather, the former testimony was used to avoid the expense of having the expert travel and testify in the current case. O’Banion’s attorney had represented the plaintiff in the earlier case and had thoroughly cross-examined the expert in that case. The trial court found that the expert witness’s former testimony was admissible under the hearsay exception in Rule of Evidence 804(b) for former testimony. The jury found for Owens-Corning, and O’Banion appealed, arguing that the expert witness’s testimony did not qualify for the former-testimony hearsay exception and should have been excluded.

Rule of Law

Issue

Holding and Reasoning (Saffels, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Evidence

Key Terms

Related Videos