Deyoe v. Clark Equipment Co., Inc.

OPINION

HOWARD, Chief Judge.

This products liability case was tried solely on the basis of strict liability for the defective design of an earth compactor which rolled over and seriously injured appellant Deyoe. A jury found the design not to be defective. Appellant claims that the court erred in (1) excluding testimony of his expert witness; (2) admitting evidence of government standards and industry practice; (3) admitting evidence of assumption of risk and actions of third parties, limiting evidence of appellant’s “state of mind” and (4) giving jury instructions on assumption of risk, “open…