United States Eighth Circuit

In a personal injury action claiming that defendant manufactured a defective oil tank, judgment for plaintiff is affirmed where: 1) the district court appropriately declined to allow the jury to assign a percentage of fault to a nonparty to the suit; 2) the jury instruction did not foreclose the jury from considering the third party's conduct as an intervening event; and 3) defendant failed to show how it was prejudiced by the district court's exclusion of an expert report.

Appellate Information

• Decided 01/26/2010
• Published 01/26/2010

Judges

• SMITH, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bevely Ann Rowlett, argued, Little Rock, AR, for Appellant.


• For Appellees:
  
• Floyd Mattison Thomas, Jr., argued, El Dorado, AR, for Appellee.