United States Eighth Circuit

In a negligence suit arising after plaintiff was struck and injured by a vehicle driven by individual defendant, and owned by defendant-company, while he attempted to repair a parked motorcycle on the shoulder of a highway, judgment pursuant to a jury verdict for defendants is affirmed where: 1) the district court properly instructed the jury on contributory negligence, assumption of risk, and the legal excuse doctrine; and 2) the district court properly found when plaintiff presented evidence to suggest he suffered a loss of income, he opened the door for defendants to produce evidence of his tax returns to contradict his claims.

Appellate Information

• Decided 08/01/2008
• Published 08/01/2008

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge, BYE and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• E. Breen Arntz, Mark J. Connot, Las Vegas, NV, for appellant.


• For Appellees:
  
• Gerald D. Johnson, Rapid City, SD, for appellee, Jim's Water Service, John K. Nooney, Rapid City, SD, for appellee, Howard Hoyt.