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WAGNER v. CASE CORP.

Nos. 93-1194, 93-1491.

33 F.3d 1253 (1994)

Chad A. WAGNER; State Compensation Insurance Fund, Plaintiffs-Appellants, v. CASE CORPORATION, formerly known as J.I. Case Company; J.I. Case Company, also known as J.I. Case Threshing Machine Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 31, 1994.

Attorney(s) appearing for the Case

Roger T. Castle, Denver, CO, for plaintiff-appellant Chad A. Wagner.

Robert W. Klingler, Denver, CO, for plaintiff-appellant Colorado Compensation Ins. Authority.

Colin C. Campbell of Wood, Ris & Hames, P.C., Denver, CO, for defendants-appellees.

Before LOGAN and BARRETT, Circuit Judges, and RUSSELL, District Judge.

DAVID L. RUSSELL, District Judge.

Plaintiffs Chad A. Wagner and Colorado Compensation Insurance Authority appeal from a judgment based on a jury verdict in favor of defendant Case Corporation in this products liability action. Plaintiffs contend that the district court erred in several ways by excluding evidence and giving incorrect jury instructions. We conclude that in light of a recent change in Colorado law regarding the use of presumptions in products liability...

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