Raynor Brothers, a General Partnership v. American Cyanimid Company, Agricultural Division, a Foreign Corporation
Opinion
Opinion
Skopil, J.
American Cyanimid appeals from an adverse jury verdict in a products liability case arguing that the district court erred in: (1) granting the motion substituting plaintiffs in the complaint and for relation back; (2) denying American Cyanimid’s post-trial motions for judgment notwithstanding the verdict or for a new trial based on the jury’s damage verdict; (3) denying American Cyanimid’s post-trial motions based on the alleged statute of limitations defense. We affirm.
FACTS
Raynor Brothers is an Arizona farming partnership of three brothers. The brothers, along with their mother, are sole shareholders in their affiliated farming corporation, A Tumbling T Ranches. American Cyanimid manufactures and distributes a herbicide under the registered tradename of Prowl.
In the spring of 1978 Raynor Brothers purchased a quantity of Prowl and applied it to fields planted in corn. Observing damage to the corn, Raynor replanted some of the fields without using Prowl.
In March 1980 the farming corporation, A Tumbling T Ranches, filed a products liability suit against American Cyanimid in Arizona state court. In April 1980 the suit was removed to federal court. In November 1980 Raynor’s…