Schlecht v. American Power Pull Corp.
Opinion of the Court
MEMORANDUM
We review the district court’s decision to admit the expert testimony for abuse of discretion.
Nor did the court err in denying plaintiffs motion for a directed verdict. The evidence must be viewed in the light most favorable to the party that prevailed at trial in evaluating the adverse party’s claim that a directed verdict to the contrary should have been granted.
The court did not abuse its discretion in admitting defendant’s evidence about the manufacturing process. Plaintiff opened the door by introducing evidence about the manufacturing process, and the evidence had probative value on the question of whether the product was likely to be defective.
The issue of unreasonable use did not go to the jury, and even if it had, it would have made no difference, because the jury concluded that the product was not defective.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. See White v. Ford Motor Co., 312 F.3d 998, 1006 (9th Cir. 2002), amended, 335 F.3d 833 (9th Cir. 2003).
. SeeAmarel v. Connell, 102 F.3d 1494, 1517-18 (9th Cir. 1996).
. See Rix v. General Motors Corp., 222 Mont. 318, 723 P.2d 195, 200 (1986).
Reference
- Full Case Name
- Linda SCHLECHT, as Personal Representative of the Estate of Barry Schlecht, Plaintiff—Appellant v. AMERICAN POWER PULL CORP. American Gage & Manufacturing Co., Defendants—Appellees
- Status
- Published