DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033621P.pdf 07/28/2005 Ronald C. Torbit v. GACS, Inc.
U.S. Court of Appeals Case No: 03-3621
Eastern District of Missouri
[PUBLISHED] [Bowman, Author, with Melloy and Benton, Circuit
Judges]
Civil case - Products liability. District court did not abuse its discretion
in permitting plaintiff's expert witness to use charts summarizing injuries
suffered by other truck drivers while tying and untying vehicles as the
ratchet systems involved in those accidents were substantially similar to
the system plaintiff was using when he was injured; district court did not
err in refusing to submit a comparative-fault instruction based on
plaintiff's failure to adhere to training, as the evidence failed to show
either that plaintiff had knowledge and appreciation of the danger
involved in using the ratchet system in a manner inconsistent with his
training or that his use of the system in a manner inconsistent with his
training was voluntary and unreasonable; district court did not err in
permitting plaintiff to present evidence of loss of future earnings.