GEHL BY REED v. SOO LINE R. CO.

No. 91-2299.

967 F.2d 1204 (1992)

Mark A. GEHL, by his Guardian and Conservator, Diane R. REED and Louis D. and Diane R. Reed, Appellant, v. The SOO LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 22, 1992.


Attorney(s) appearing for the Case

John J. Gajdel, Des Moines, Iowa, for appellant.

R. Todd Gaffney, Des Moines, Iowa, for appellee.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.


LOKEN, Circuit Judge.

Mark A. Gehl was struck by a train in Clinton, Iowa, and sued the Soo Line Railroad Company for negligence. Gehl appeals the adverse judgment entered on a jury verdict for Soo Line after a five-day trial. Gehl argues that he deserves a new trial because the district court1 erred in excluding evidence and in refusing to submit his failure-to-warn theory to the jury. We affirm.

I.

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