McCoy v. Augusta Fiberglass Coatings, Inc., No. 08-2818

In a personal injury action claiming that defendant manufactured a defective oil tank, judgment for plaintiff is affirmed where: 1) the district court appropriately declined to allow the jury to assign a percentage of fault to a nonparty to the suit; 2) the jury instruction did not foreclose the jury from considering the third party's conduct as an intervening event; and 3) defendant failed to show how it was prejudiced by the district court's exclusion of an expert report.

Read McCoy v. Augusta Fiberglass Coatings, Inc., No. 08-2818

Appellate Information

Submitted: September 21, 2009

Filed: January 26, 2010

Judges

Opinion by Judge Smith