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.
111984P.pdf 03/14/2012 Thomas Linden, Jr. v. CNH America
U.S. Court of Appeals Case No: 11-1984
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Shepherd, Author, with Bright and Loken, Circuit Judges]
Civil case - products liability. District court did not err in granting
defendant a directed verdict on plaintiff's manufacturing defect claim as
the defects were design defects, rather than manufacturing defects, and
plaintiff could not point to sufficient evidence in the record to support a
claim that the product departed from its intended design and did not meet
design specifications; court did not err in giving defendant's proposed
"sophisticated user," "premature wear," and "safety code" instructions;
nor did the court err in refusing to give plaintiff's proposed "manufacturer
expert in its field" instruction; failure to dismiss a juror for cause did
not constitute reversible error as plaintiff struck the jury with one of his
peremptory strikes and could not show prejudice.