Cisar v. Home Depot U.S.A., Inc.

351 F.3d 800 (2003)

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Cisar v. Home Depot U.S.A., Inc.

United States Court of Appeals for the Eighth Circuit
351 F.3d 800 (2003)

SC

Facts

Robert Cisar (plaintiff) bought a chainsaw from Home Depot U.S.A., Inc. (Home Depot) (defendant). Cisar had issues with the chain falling off and brought it back to the Home Depot store for repair multiple times. The following year, the chain came off again and this time caused the saw to hit Cisar on the head, resulting in a brain injury. Cisar sued Home Depot for negligence. Cisar testified that due to his injury, he became temperamental and began having behavioral issues. On cross-examination, Home Depot asked Cisar about offensive and at times embarrassing behavioral conduct that had occurred prior to the injury. This prompted outbursts from Cisar while on the witness stand. The trial court had denied Cisar’s motion in limine to exclude this character evidence. The court ruled in Home Depot’s favor. Cisar appealed.

Rule of Law

Issue

Holding and Reasoning (Riley, J.)

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