DocketNumber： 97-1293
Filed Date： 9/24/1997
Status： Non-Precedential
Modified Date： 10/13/2015
United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________ No. 97-1293EM _____________ Charlotte Hoaglan, * * Appellant, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * Hardee's Food Systems, * [UNPUBLISHED] * Appellee. * _____________ Submitted: September 23, 1997 Filed: September 24, 1997 _____________ Before FAGG, BOWMAN, and MURPHY, Circuit Judges. _____________ PER CURIAM. Charlotte Hoaglan brought this personal injury lawsuit against Hardee's Food Systems after she spilled hot coffee on herself at a drive-through window. A jury found neither party at fault. Hoaglan moved for a new trial based on her challenge to a jury instruction. The district court denied the motion, and Hoaglan appeals. After careful review, we conclude the challenged instruction did not misstate Missouri law. See Baron v. Aftergut,387 S.W.2d 535
, 537-38 (Mo. 1965). In our view, the jury instructions fairly and adequately submitted the issues in the case to the jury, see Jones v. Board of Police Comm'rs,844 F.2d 500
, 504 (8th Cir. 1988), cert. denied,490 U.S. 1092
(1989), and the district court did not abuse its discretion in denying Hoaglan's motion for a new trial. We affirm the district court. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-