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BROOKINS v. SARGENT INDUSTRIES, INC.

No. 82-2219.

717 F.2d 1201 (1983)

Clyde BROOKINS, Appellant, v. SARGENT INDUSTRIES, INC., a California corporation, Garwood Division of Sargent Industries of Delaware, Inc., an Alabama corporation, Sargent Industries of Delaware, Inc., a Delaware corporation, and National Disposal Service of Nebraska, Inc., a Nebraska corporation, Appellees. Flora M. BROOKINS, Appellant, v. SARGENT INDUSTRIES, INC., a California corporation, Garwood Division of Sargent Industries of Delaware, Inc., an Alabama corporation, Sargent Industries of Delaware, Inc., a Delaware corporation, and National Disposal Service of Nebraska, Inc., a Nebraska corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1983.

As Amended October 12, 1983.

Attorney(s) appearing for the Case

Richard L. Walentine, Richard C. Gordon and Betty L. Egan of Walsh, Walentine, Miles, Fullenkamp & O'Toole, Omaha, Neb., for appellees.

Warren C. Schrempp and Steven Lefler of Schrempp, Lefler, Hoagland & Gray, Omaha, Neb., for appellants.

Before ROSS, ARNOLD and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Clyde and Flora Brookins appeal from adverse jury verdicts on his claim for personal injuries resulting from a trash load packer accident, and on her claim for loss of consortium based on her husband's injuries. The principal contentions on appeal are that the trial court erred in its jury instructions (1) by giving retroactive application to Neb.Rev.Stat. § 25-1151 (1979), in amended...

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