NIELSON v. ARMSTRONG RUBBER CO.

No. 77-1416.

570 F.2d 272 (1978)

Olaf NIELSON, Appellee, v. ARMSTRONG RUBBER COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 9, 1978.


Attorney(s) appearing for the Case

Ward M. Kirby, Mackoff, Kellogg, Kirby & Kloster, Dickinson, N.D., for appellant.

L. E. Greenwood, Dickinson, N.D., John A. Amundson, Bowman, N.D., on brief for appellee.

Before WEBSTER and HENLEY, Circuit Judges, and SMITH, Senior District Judge.


WEBSTER, Circuit Judge.

Armstrong Rubber Company appeals from a judgment entered in accordance with a jury verdict awarding Olaf Nielson damages of $201,538.90. Nielson suffered various injuries, including the loss of his arm, when a tire he was mounting, which had been manufactured by appellant, exploded on February 7, 1973.

In this appeal, appellant contends that (1) it was prejudiced by an amendment to appellee's complaint, made at the close of the evidence...

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