042210P.pdf   09/07/2005  Loren Zutz  v.  Case Corp.
   U.S. Court of Appeals Case No:  04-2210
                          and No:  04-2294
   District of Minnesota   
   [PUBLISHED] [Riley, Author, with Loken, Chief Judge, and Smith, 
   Circuit Judge] 
   Civil case- Breach of warranty. Minnesota common law, statutes, and 
   model jury instructions support the district court's determination that the 
   tort of reckless misrepresentation would be recognized as a cause of 
   action by the Minnesota Supreme Court; evidence was sufficient to 
   support jury's verdict that defendant had committed the tort of reckless 
   misrepresentation; issue of whether distributor's salesman was Case's 
   agent need not be reached, as other statements authorized by Case were 
   sufficient on their own to support the determination of reckless 
   misrepresentation; jury instructions and special verdict form, when 
   considered as a whole were sufficient to instruct the jury on the critical 
   question of what amount of damages would compensate plaintiffs for the 
   damages they experienced as a direct result of relying on the false 
   representations; district court did not abuse its discretion in admitting into
   evidence plaintiffs' receipt of collateral source benefits; district court 
   erred in granting summary judgment for Case on claim that plaintiffs' 
   breach of express and implied warranty claims concerning the 4010 Drill 
   were time-barred; district court did not err in dismissing warranty claims 
   on the 5010 Drill, as there was no evidence Case warranted the drill or 
   made any representations concerning it.