Timothy R. Sherbert v. Alcan Aluminum Corporation

WOLLMAN, Circuit Judge.

In this Missouri diversity action, Alcan Aluminum Corporation (Alcan) appeals the district court’s 1 denial of its posttrial motion for judgment as a matter of law or a new trial, filed after a jury found in favor of Timothy R. Sherbert on his negligence claim. Alcan appeals on the grounds that: 1) appel-lee offered no expert testimony to establish a faüure to conform to the standard of care required in forklift operation and 2) the district court wrongly refused to instruct the jury on assumption of risk. We affirm.

The underlying accident occurred on December 5, 1988,…