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WERTH v. MAKITA ELEC. WORKS, LTD.

No. 88-1596.

950 F.2d 643 (1991)

Gilbert J. WERTH and Kathleen L. Werth, husband and wife, Natural Parents and Legal Guardian of Chris Werth, a minor, Plaintiffs-Appellants, v. MAKITA ELECTRIC WORKS, LTD., an Alien Company, located in the Country of Japan, and Makita, U.S.A., Inc., a New York corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 25, 1991.

Attorney(s) appearing for the Case

Thomas C. Boone, Hays, Kan., for plaintiffs-appellants.

Thomas O. Baker of Baker & Sterchi, Kansas City, Mo. (Larry A. Withers of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., and Evan A. Douthit of Baker & Sterchi, Kansas City, Mo., with him on the brief), for defendants-appellees.

Before HOLLOWAY and EBEL, Circuit Judges, and KANE, District Judge.

HOLLOWAY, Circuit Judge.

This appeal is from a judgment, entered on a verdict directed at the conclusion of plaintiffs' evidence, in favor of the defendants-appellees Makita Electric Works, Ltd. and Makita, U.S.A., Inc. (together Makita). The plaintiffs-appellants, Gilbert and Kathleen Werth suing on behalf of their minor son, brought this diversity products liability action in the United States District Court of the District of Kansas.1

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