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Civil Procedure Keyed to Glannon
Beeck v. Aquaslide ‘N’ Dive Corp.
Citation:
562 F.2d 537 (8th Cir. 1977)Facts
Plaintiff Jerry A. Beeck was severely injured while using a water slide at a social gathering sponsored by his employer. Beeck and his wife sued Defendant on theories of negligence, strict liability, and breach of implied warranty. Plaintiffs’ complaint alleged that Defendant manufactured the waterslide that caused them injury. Defendant admitted manufacture of the slide in its answer, but subsequently moved for leave to amend its answer to deny manufacture. Upon Defendant’s motion, made pursuant to Federal Rule of Civil Procedure 42(b), a separate trial was held on the issue of whether Defendant designed, manufactured, or sold the slide. The jury returned a verdict for the Defendant, and summary judgment was subsequently granted for Defendant. Plaintiffs appealed.
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