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Linda Aldridge v. Forestriver, Inc., A Foreign Corporation, and

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ARGUED JANUARY 12, 2011

Before, KANNE and TINDER, Circuit Judges, and HERNDON, District Judge.*fn1

Linda Aldridge fell and seriously injured her shoulder when the step controller on her 2004 Forest River Georgetown recreational vehicle unexpectedly retracted. Aldridge sued Forest River, Inc. (“Forest River”), and Specific Cruise Systems, Inc. (“SCS”), alleging strict liability and negligence. Plaintiff’s counsel would have this court believe that just as his client’s feet were pulled out from beneath her as she stepped out of her recreational vehicle, so was her case at trial when she was not allowed to present her theory of liability to the jury. The record does not support his argument. Prior to trial, the district court granted Forest River’s motion in limine #27, which barred plaintiff from arguing that the recreational vehicle as a whole was the defective product at issue or anything other than the step controller, and denied her motion for leave to file an amended complaint. During the trial, the district judge also amended one of Aldridge’s proposed jury instructions regarding the ultimate issue of liability. After the jury returned defense verdicts, the district court denied Aldridge’s motion for new trial. Aldridge appeals these decisions. As the district court did not abuse its discretion on any of these issues, we affirm.

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