E.I. DU PONT DE NEMOURS AND COMPANY, INC., PETITIONERS v. C.R. ROBINSON AND SHIRLEY ROBINSON, RESPONDENTS, 923 S.W.2d 549

Summary

Appellee orchard owner brought suit against appellant fungicide manufacturer for products liability, breach of warranty, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act. Tex. Bus. & Comm. Code Ann. § 17.41-.63. The trial court excluded the testimony of appellee's expert witness upon finding that the expert's opinions were not scientifically reliable. The intermediate court reversed, holding that once appellee established the witness' qualifications, the weight to be given the testimony and the credibility of the witness was to be determined by the trier of fact. Appellant sought review of the intermediate court's reversal. The appellate court reversed the judgment of the intermediate court and affirmed that of the trial court. The court held that Tex. R. Civ. Evid. 702 required expert testimony to be relevant and reliable. The court said that because appellee failed to establish that the proffered testimony was scientifically reliable, the trial court did ...