Legal Opinion
Steven A. Menz Jennifer Menz v. New Holland North America, Inc. Ford Motor Company Bangert Tractor Sales, Inc. Westendorf Manufacturing Co., Inc.
Court of Appeals for the Eighth Circuit
Decided March 16, 2006No. 05-1739PublishedCited by 80 opinions
1Opinion of the Court
BYE, Circuit Judge.
Steven Menz and his wife, Jennifer Menz, sued New Holland North America and others for their injuries arising out of a tractor roll-over accident. The district court denied their motion to remand the case to state court and then dismissed the action as a sanction for spoliation of evidence. The Menzes appeal both orders. We affirm in part, reverse in part, and remand for further proceedings.
I
On October 3, 2002, Steven Menz was moving dirt with his Ford 6600 tractor at the bottom of a levy next to his farm near Jackson, Missouri. The tractor was equipped with a front-end…
2Cases cited12 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Patricia J. Mayes v. Stanley Rapoport Judith Rapoport David Key, D/B/A Key Coffee Roasters, IncorporatedCourt of Appeals for the Fourth Circuit · 1999
- George Wiles, Doing Business as Arcadia Valley Office Supply v. Capitol Indemnity Corporation Brown & James, P.C. Nixon and CompanyCourt of Appeals for the Eighth Circuit · 2002
- Frank Stevenson v. Union Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 2004
- John Munson Morris Margaret Morris v. Union Pacific RailroadCourt of Appeals for the Eighth Circuit · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Prempro Products Liability Litigation v. WyethCourt of Appeals for the Eighth Circuit · 2010
- Junk Ex Rel. T.J. v. Terminix International Co.Court of Appeals for the Eighth Circuit · 2010
- Knudson v. Systems Painters, Inc.Court of Appeals for the Eighth Circuit · 2011
- Heather Wilkinson v. Jacob Allen Shackelford Michelin North America, Inc.Court of Appeals for the Eighth Circuit · 2007
- Bailey v. Bayer Cropscience L.P.Court of Appeals for the Eighth Circuit · 2009
75 more not listed; retrieve them via the Exa API.