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SHUCK v. CNH AMERICA, LLC

No. 06-4180.

498 F.3d 868 (2007)

Bradley SHUCK; Gregory Shuck, Plaintiffs, C-Line Farms, Inc.; Nucklay Farms, Inc., Plaintiffs-Appellees, v. CNH AMERICA, LLC, A Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 21, 2007.

Attorney(s) appearing for the Case

Bryan S. Hatch, argued, Andrew W. Muller and Victor C. Padios, on the brief, Omaha, NE, for appellant.

Tanya J. Janwewicz, argued, Daniel M. Placzek, on the brief, Grand Island, NE, for appellee.

Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

A jury found combine manufacturer CNH America, LLC ("CNH"), liable under theories of breach of express warranty and strict liability after a fire in a combine's engine compartment caused extensive damage to the combine and to corn that was onboard the combine. CNH moved before trial to exclude the plaintiffs' fire causation expert and mechanical expert. CNH also moved before trial for summary judgment and after trial for judgment notwithstanding...

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