Boie v. Melchert

MEMORANDUM OPINION

WOZNIAK, Judge.

Appellant Michael Boie appeals from a posttrial order denying his motion for a new trial or JNOV on his claim that the jury erred in finding him 60% negligent for the farming accident which caused his wrist fracture. We affirm.

FACTS

On April 23, 1983, 18-year-old Boie was working on respondent Alfred Melchert’s farm helping Melchert clean out the barn. Melchert was driving a Bobcat loader, and Boie was on foot. Melchert would back the Bobcat into the bam and then drive forward into a dirty stall, scooping up manure with the machine. He would then back out of…