(DOWNLOAD) "State Farm Mutual Insurance Co. v. Schwartz" by United States Court of Appeals for the Tenth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Farm Mutual Insurance Co. v. Schwartz
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 13, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Plaintiff-appellant and cross-appellee Stephen Brent Wheeler (Wheeler) lost his right arm while servicing a John Deere Titan series model 7720 combine. He brought this diversity case against the combine manufacturer, defendant-appellee and cross-appellant John Deere Company (Deere), on a strict products liability theory, alleging that the combine was unreasonably dangerous and that any warnings were inadequate. In the first trial, a jury found Deere 75% at fault and Wheelers employer 25% at fault. The jury calculated Wheelers damages at $3.1 million and the district court entered judgment of $2.3 million against Deere. We reversed the judgment and remanded for a new trial. Wheeler v. John Deere Co., 862 F.2d 1404, 1415 (10th Cir. 1988) (Wheeler I). On retrial, the second jury found Deere 68% at fault, Wheelers employer 32% at fault, and determined that Wheeler suffered damages of $2,883,407. The district court entered judgment of $1,960,717 against Deere.