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LOVICK v. WIL-RICH

No. 97-1484.

588 N.W.2d 688 (1999)

Leo LOVICK and Marlys Lovick, Appellees, v. WIL-RICH, a division of the Tic United Corp., Appellant.

Supreme Court of Iowa.

As Amended on Denial of Rehearing March 25, 1999.

Petition for Rehearing on Amended Opinion Denied April 12, 1999.

Attorney(s) appearing for the Case

Kevin M. Reynolds and Richard J. Kirschman of Whitfield & Eddy, P.L.C., Des Moines, and Richard J. Sapp and W. Don Brittin, Jr., of Nyemaster, Goode, Voights, West, Hansell & OBrien, Des Moines, for appellant.

Gary D. McCallister of Gary D. McCallister & Associates, LTD., Chicago, Illinois, Jay P. Roberts of Roberts & Stevens, P.L.C., Waterloo, E.J. Giovannetti of Hopkins & Huebner, P.C., Des Moines, Brenda L. Head of Davis, Unrein, Hummer, McCallister & Buck, Topeka, Kansas, and John W. Walker, Jr. of Beecher, Field, Walker, Morris, Hoffman & Johnson, Waterloo, for appellees.

Bruce L. Braley of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for amicus curiae Iowa Trial Lawyers Association.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and CADY, JJ.

CADY, Justice.

The manufacturer of a farm cultivator appeals from a judgment entered by the district court in favor of the product user in this product liability action. We conclude the district court failed to fully instruct the jury on the negligence claim based upon a post-sale duty to warn, and this incomplete instruction constituted prejudicial error. We affirm in part, reverse in part, and remand for a new trial.

I. Background Facts and Proceedings...

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