DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
064180P.pdf 08/21/2007 C-Line Farms v. CNH America
U.S. Court of Appeals Case No: 06-4180
District of Nebraska - Lincoln
[PUBLISHED] [Melloy, Author, with Smith and Gruender, Circuit
Judges
Civil case - products liability. Claim that plaintiffs' experts used
improper methodology in reaching their conclusions about the cause of an
engine failure is rejected, as in the circumstances present in the case -
partial destruction of the item in issue - observations coupled with
expertise may form the basis for an admissible expert opinion; while
plaintiff's expert's trial testimony exceeded the scope of his opinions as
disclosed prior to trial, the difference was very limited and the district
court properly addressed the situation by advising the jury of the
discrepancy and telling them to take the discrepancy into account when
weighing the expert's testimony and credibility; under Nebraska law,
plaintiffs produced sufficient evidence that there was an absence of user
abuse and that the accident was the type of event which would not occur
in the absence of a product defect; evidence was also sufficient to support
the jury's verdict against defendant on the theory of strict liability, and
the district court did not err in submitting the issue to the jury.