Dennis Holt and Tonya Holt, Husband and Wife v. Deere & Company

STEPHEN H. ANDERSON, Circuit Judge.

The plaintiff, Dennis Holt, appeals from a jury verdict in favor of the defendant, Deere & Co. (“Deere”), in a product liability suit arising from an accident in which he was crushed by a road grader when it started in gear. On a special verdict form the jury found that Holt had not proven the essential elements of his product liability claim, and that he voluntarily assumed the risk of a known defect. He contends the district court erred by instructing the jury on assumption of the risk, and by withholding his failure to warn claim from the jury. He also…