Turbyfill v. International Harvester Co.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This diversity case, a personal injury action, is before the court on plaintiff’s motion for a new trial in which he sets forth several instances of alleged error in the conduct of the trial. In addition to ruling on plaintiff’s motion, this opinion wil} explain a novel and interesting evidentiary ruling which was made at trial.

The facts underlying plaintiff’s claim for damages are as follows. Plaintiff and two companions visited defendant’s used car lot in St. Joseph, Missouri, with the purpose of purchasing a truck. They became interested…