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Case No. 18-1315

Nationwide Agribusiness Insurance Company, as subrogee of Farmers Cooperative Company
v.
PGI International; Cox Manufacturing Company d/b/a Dalton AG Products, Inc., and CNH Corp. a/k/a CNH America, LLC, a/s/o DMI, Inc.

Appellant

Nationwide Agribusiness Insurance Company, as subrogee of Farmers Cooperative Company

Appellees

PGI International; Cox Manufacturing Company d/b/a Dalton AG Products, Inc., and CNH Corp. a/k/a CNH America, LLC, a/s/o DMI, Inc.

Attorneys for Appellant

Amie E. Penny Sayler, David M. Dahlmeier and Mark R. Bradford

Attorneys for Appellees

Henry A. Harmon and Mark W. Thomas, for PGI International
Stephen E. Doohen, for Cox Manufacturing Company d/b/a Dalton AG Products, Inc.
Daniel A. Haws and John Paul J. Gatto
Thomas J. Cahill, for CNH Corp. a/k/a CNH America, LLC, a/s/o DMI, Inc.

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1315
Date Published:
Dec 18, 2019
Summary

            Appeal from the Iowa District Court for Boone County, William C. Ostlund, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Nationwide Agribusiness Insurance Company (Nationwide) appeals the district court’s decision denying its motion for a new trial in this action for contribution from PGI International (PGI), Dalton Ag Products, Inc. (Dalton Ag), and CNH Corporation.  OPINION HOLDS: We conclude (1) the district court did not abuse its discretion in determining evidence of an OSHA violation by FCC was relevant to the issue of FCC’s negligence; (2) Nationwide has not preserved error on its claims concerning other similar incidents because it did not make an offer of proof; (3) the district court did not err in granting a directed verdict to Dalton Ag on Nationwide’s design defect claim; (4) the district court did not err in granting a directed verdict to PGI on Nationwide’s claim of breach of an implied warranty of fitness for a particular purpose; and (5) the district court did not err by including the Shaws on the special verdict form.  We affirm the decision of the district court.

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