Paul

MEMORANDUM

Astee Industries, Inc. appeals the district court’s $562,500 judgment after a jury trial in favor of Preston Paul in Paul’s diversity action seeking relief under Arizona products liability law. Paul’s left arm was injured when he reached into the rotating tail pulley of a power conveyor belt manufactured by Astee. The belt was part of a soil remediation plant used by Paul’s employer, Southwest Soil Remediation (SSR). The district court had jurisdiction pursuant to 28 U.S.C. § 1332 ; this court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The facts are well known to the parties and will be repeated here only as is necessary to explain our holding. Astee first argues that the district court committed reversible error by failing to include in its products liability design defect charge to the jury that “there is no duty to warn of an obvious and known hazard.” The jury charge given by the district court was taken nearly verbatim from the Revised Arizona Jury Instructions (Civil) 3rd Edition. The basis for the rejected proposed instruction was language in the decision of Brown v. Sears, Roebuck & Co., 136 Ariz. 556 , 667 P.2d 750 (Ariz.Ct.App.1983) that “a…