Will GEARHART, M.D., Appellee, v. UNIDEN CORPORATION OF AMERICA, Appellant

ARNOLD, Circuit Judge.

In this products-liability case, the Uniden Corporation of America (“Uniden”) appeals from a jury verdict of $25,000 in compensatory and $125,000 in punitive damages awarded to Dr. Wilbur H. Gearhart, who alleged that he sustained permanent hearing damage when he picked up and held to his ear a ringing cordless telephone distributed by the defendant.

Uniden argues that in light of the Missouri Supreme Court’s adoption of comparative fault in Gustafson v. Benda, 661 S.W.2d 11 (Mo.1983) (en banc), the District Court’s refusal to instruct the jury to determine the relative…