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GARNER v. RAVEN INDUSTRIES, INC.

No. 82-1234.

732 F.2d 112 (1984)

Michael D. GARNER, a/k/a Mike Garner, Plaintiff-Appellant, v. RAVEN INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 11, 1984.

Attorney(s) appearing for the Case

William Gilstrap, Albuquerque, N.M. (Willard F. Kitts and Elizabeth E. Whitefield, Kitts & Whitefield, Albuquerque, N.M., with him on brief), for plaintiff-appellant.

Mark C. Meiering, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M., for defendant-appellee.

Before DOYLE and LOGAN, Circuit Judges, and CHILSON, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This is a personal injury case in which federal jurisdiction is based upon diversity of citizenship. The plaintiff herein sought recovery from the defendant manufacturer of a helium filled, blimp-shaped balloon. Plaintiff alleged that defendant, Raven Industries, Inc., was liable based on negligence and strict products liability. However, the case was tried only upon the basis of whether there was negligence on the part of Raven Industries...

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