Legal Opinion

Sutherland v. Elpower Corp.

Court of Appeals for the Eighth Circuit

Decided January 9, 1991No. Nos. 89-2775, 89-2850PublishedCited by 11 opinions

1Opinion of the Court

BOWMAN, Circuit Judge.

This is a products liability case governed by the substantive law of Missouri. Jurisdiction is based on diversity of citizenship. The jury awarded plaintiff Steven Sutherland both actual and punitive damages against each of the defendants, Elpower Corporation (Elpower) and Empire of Carolina, Inc. (Empire). In ruling on motions by both defendants for judgment notwithstanding the verdict, the trial court1 set aside the award of punitive damages against Elpower, but allowed the verdict against Empire to stand in its entirety. Judgment was entered accordingly and both…

2Cases cited17 opinions

  1. Keener v. Dayton Electric Manufacturing CompanySupreme Court of Missouri · 1969
  2. Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc.Supreme Court of Missouri · 1985
  3. Loyd S. DACE, Appellant, v. ACF INDUSTRIES, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1984
  4. Nesselrode v. Executive Beechcraft, Inc.Supreme Court of Missouri · 1986
  5. John McGee v. South Pemiscot School District R-V, a Political Subdivision Gary Bruton, Individually and Mitchell Fisher, IndividuallyCourt of Appeals for the Eighth Circuit · 1983

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3Cited by11 opinions

  1. Leonard DRABIK, Appellee, v. STANLEY-BOSTITCH, INC., Defendant, Bostitch, a Division of Textron, Inc., AppellantCourt of Appeals for the Eighth Circuit · 1993
  2. The Jacobs Manufacturing Company v. Sam Brown Co.Court of Appeals for the Eighth Circuit · 1994
  3. James M. PREE, Appellant, v. the BRUNSWICK CORPORATION, AppelleeCourt of Appeals for the Eighth Circuit · 1993
  4. Porterco, Inc. v. Igloo Products Corp.Court of Appeals for the Eighth Circuit · 1992
  5. prod.liab.rep. (Cch) P 14,848 Dennis Belec v. Hayssen Manufacturing CompanyCourt of Appeals for the Eighth Circuit · 1997

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