NELSON v. STORMOR, INC.

No. 82-1503.

701 F.2d 742 (1983)

Dean NELSON, Appellant, v. STORMOR, INC., a corporation; Fuqua Industries, Inc., a corporation; Chicago Hardware and Fixture Company, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 9, 1983.

Rehearing Denied March 31, 1983.


Attorney(s) appearing for the Case

Ronald A. Riley, David L. Brown, Hansen, McClintock & Riley, Des Moines, Iowa, for appellees.

Swisher & Cohrt, Waterloo, Iowa, for appellant, Dean Nelson.

Before ROSS, FAGG, Circuit Judges, and BEAM, District Judge.


PER CURIAM.

Dean Nelson appeals a jury verdict entered in favor of defendants Fuqua Industries, Inc. and its subdivision Stormor, Inc. and appeals the trial court's denial of his motion for new trial in this diversity, strict liability action. Defendants' argument that Nelson did not preserve error lacks merit; therefore, the issue properly before this court is whether the trial court erred in submitting an assumption of risk instruction to the jury. Finding error...

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