Dieker v. Case Corp.

The opinion of the court was delivered by

Brazil, J.:

Douglas Dieker and Thomas (Tom) Dieker (plaintiffs) purchased a new Case combine which caught fire after 12 days of use during soybean harvest. In the jury trial against defendant Case Corporation (Case), plaintiffs presented a breach of implied warranty claim and the jury awarded them $96,344.35 in damages. The trial court denied Case’s renewed motion for judgment as a matter of law or, in the alternative, a new trial. Case appealed, contending that the district court erred by permitting plaintiffs’ expert witness to testify concerning the…