Missouri Court of Appeals, Western District / May 16, 2023
Vicky Church, Sarah Austin and Jacob Church, on behalf of all Beneficiaries vs. CNH Industrial America, LLC
Vicky Church and other beneficiaries sued CNH Industrial America, LLC for wrongful death, alleging strict products liability and negligence after Wayne Church was crushed by a defective skid steer cab. CNH appealed the judgment awarding damages, challenging the refusal of a comparative fault instruction, the admission of other incident evidence, the admission of expert testimony, and the calculation of post-judgment interest. The appellate court affirmed the trial court's rulings on the instructions and evidence, finding CNH failed to preserve its objections. However, the court reversed the award of post-judgment interest, holding it should accrue from the date of the final judgment apportioning damages, not the earlier non-final judgment.