FISCHER v. RED LION INNS OPERATING L.P.

No. 91-2343.

972 F.2d 906 (1992)

Robert J. FISCHER; Terri Fischer, Appellees, v. RED LION INNS OPERATING L.P., a Delaware Limited Partnership, Pepsi Cola Bottling Company of Omaha, Inc., a Nebraska Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1992.


Attorney(s) appearing for the Case

Thomas J. Culhane, Omaha, Neb., argued (Gary Hoffman, on the brief), for appellant.

Max E. Kirk, Waterloo, Iowa, argued (H. Daniel Holm, Jr., on the brief), for appellees.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.


BEAM, Circuit Judge.

Pepsi Cola Bottling Company of Omaha (Pepsi) appeals from a jury verdict finding it liable for injuries suffered by Fischer due to an electric shock he received while operating one of Pepsi's vending machines. Pepsi alleges that: 1) the trial court erred in instructing the jury that Pepsi had a duty to inspect its vending machine for defects; 2) if a duty to inspect did exist, there was insufficient evidence to present the issue of inspection...

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