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Hardee's Food Systems,                    *      [UNPUBLISHED]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, 

, 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, 

, 504 (8th Cir. 1988), cert. denied, 

(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.




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