GENERAL ELECTRIC V. JOINER 522 U.S. 136 (1997) CASE BRIEF

GENERAL ELECTRIC V. JOINER
522 U.S. 136 (1997)
NATURE OF THE CASE: This was a dispute over the discretion of a trial court regarding expert testimony.
FACTS: Joiner (P) worked as an electrician. This required P to work around transformers and the dielectric fluid used as a coolant got into his eyes, mouth and stuck to his arms and hands. In 1983, his employer discovered that the fluid in some of its transformers contained PCB's; which are hazardous to human health. In 1991, P was diagnosed with small cell lung cancer. He sued General Electric (D) because they manufactured transformer and dielectric fluid. P claimed that his cancer was a direct result of his exposure to the PCB's in D's transformers. D had also been a smoker for eight years and there was a history of lung cancer in his family. D removed the case to federal court and then moved for summary judgment; there was no evidence P suffered significant exposure to PCB's and there was no admissible scientific evidence that PCB's promoted P's cancer. The district court ruled that there was a genuine issue of material facts but there was no evidence that P had been exposed and the testimony of his experts failed to show that there was a link between PCB exposure and small cell cancer. The case was dismissed. P appealed. The court of appeals reversed under a stringent standard of review based in the trial judge's exclusion of evidence. The Supreme Court granted certiorari.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment