Gamerdinger v. Schaefer

SNELL, Justice.

In this personal injury action the district court granted a new trial on plaintiffs’ motion. Defendants appealed and plaintiffs cross-appealed. We now affirm the granting of a new trial for reasons raised in plaintiffs’ cross-appeal.

I.Background Facts and Proceedings

Plaintiffs, Sharri and Thomas Gamer-dinger, filed suit against defendants, Patrick Schaefer and Deere & Company, for damages the Gamerdingers sustained as a result of a collision at Deere’s plant between a motorized cart driven by Sharri Gamerdinger and a forklift truck driven by Patrick K. Schaefer. Sharri…