181742P.pdf   08/29/2019  Jeffrey Klingenberg  v.  Vulcan Ladder USA, LLC
   U.S. Court of Appeals Case No:  18-1742
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Benton, Author, with Wollman and Grasz, Circuit Judges] 
   Civil case - Personal injury. Plaintiff's expert was qualified and his 
   testimony was properly admitted under Rule 702; the expert could testify 
   even if he did not test his theories on the damaged ladder involved in the 
   case or an exemplar model; the expert provided a sufficient case-specific, 
   factual basis to support his opinion, and defendant's cases are 
   distinguishable; defendant waived any claim that the statute of 
   limitations barred plaintiffs' breach of express warranty claim by not 
   raising it at the final pretrial conference or raising it for inclusion in 
   the final pretrial order; evidence was sufficient to support the jury 
   verdict for plaintiffs on their breach-of-express-warranty claim; 
   defendant waived any argument that the jury's rejection of plaintiffs' 
   design-defect claim precluded recovery on the breach-of-express-warranty 
   claim; defendant waived its argument that an express warranty follows the 
   seller under Iowa law by not raising it in a pre-verdict Rule 50(a) 
   motion; motion for new trial was properly denied.