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.
143658P.pdf 03/04/2016 David Stults v. International Flavors, etc
U.S. Court of Appeals Case No: 14-3658
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Riley, Author, with Smith and Shepherd, Circuit Judges]
Civil case - Products liability. In an action alleging plaintiff
contracted the lung disease bronchiolitis obliterans as a result of his
inhalation of the chemical diacetyl through his daily consumption of
butter flavor popcorn, the district court did not err in denying
plaintiff's motion for a new trial after the jury returned a verdict for
the manufacturer; the district court's curative instruction after it
struck the testimony of one of defendant's experts was not objected to,
and plaintiffs failed to show, in the absence of an objection, that the
instruction was plain error; the district court did not err in denying the
plaintiffs' request for an evidentiary hearing on the issue of whether the
jury considered the stricken testimony; the district court did not plainly
error in striking only a portion of another defense witness's testimony
as, again, plaintiffs failed to object to the court's ruling and the court
gave a thorough and prompt curative instruction; plaintiffs failed to show
the verdict was against the great weight of the evidence; no error in
denying plaintiffs' motion for judgment as a matter of law.