172698P.pdf   02/25/2019  Judith Wurster  v.  The Plastics Group
   U.S. Court of Appeals Case No:  17-2698
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Erickson, Author, with Loken and Melloy, Circuit Judges] 
   Civil case - Products liability. In action alleging plaintiff's decedent 
   was fatally injured as a result of a defect in defendant's gas can, the 
   district court did not err in refusing to give plaintiff's proposed design 
   defect instruction as, under Iowa law, the court may not instruct the jury 
   on both negligence and strict liability; looking to the instructions as a 
   whole, plaintiff's design defect claim was sufficiently presented to the 
   jury; the court did not err in giving Iowa Civil Instruction 1000.4 on 
   reasonable alternative design in conjunction with the instruction on 
   design defect based on negligence as the instruction was necessary to 
   provide the jury with the proper factors for conducting the risk-utility 
   test required for design defect claims; no error in giving an assumption 
   of risk instruction; the district court did not err in granting judgment 
   as a matter of law for defendant on plaintiff's post-sale failure-to-warn 
   claim as plaintiff failed to produce sufficient evidence to show defendant 
   had a post-sale duty to warn consumers of the dangers posed by its gas 
   can; without a direct relationship with the users of the gas can, 
   defendant had no way of determining who purchased the cans and who should 
   have been warned.