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.
101701P.pdf 04/29/2011 Robert Chism v. CNH America LLC
U.S. Court of Appeals Case No: 10-1701
U.S. District Court for the Eastern District of Arkansas - Helena
[PUBLISHED] [Riley, Author, with Beam and Benton, Circuit Judges]
Civil case - products liability. District court did not abuse its discretion
by admitting evidence of two jury verdicts favorable to defendant in cases
involving substantially similar accidents; exclusion of other incidents
involving defendant's balers was proper as the other incidents were not
substantially similar to plaintiff's accident, and their slight probative
value was outweighed by the danger of confusing the jury; evidence
concerning proximity of pinch point where plaintiff's arm was caught to
the baler's tire was properly excluded as the accident did not involve
plaintiff standing on the tire; admission of evidence concerning the
number of balers manufactured was not plain error; exclusion of pictures
and video of newer model balers was not error; testimony about the
Engineering Code of Ethics was properly excluded as irrelevant since the
code has no legal force or effect.