# Brown v. Stites Concrete, Inc.

> Court of Appeals for the Eighth Circuit · June 10, 1993 · 994 F.2d 553

URL: https://www.frixlaw.com/law-library/cases/9011428

## Case

- **Full name:** Fred BROWN, Appellee/Cross-Appellant v. STITES CONCRETE, INC., Appellant/Cross-Appellee
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** June 10, 1993
- **Citations:** 994 F.2d 553; 61 Empl. Prac. Dec. (CCH) 42,339; 61 Fair Empl. Prac. Cas. (BNA) 1666; 1993 U.S. App. LEXIS 13600; 1993 WL 193522
- **Precedential status:** Published
- **Opinion:** Concurrence by Beam
- **Judges:** Arnold, Beam, Bowman, Bright, Fagg, Gibson, Hansen, Loken, Magill, McMillian, Wollman
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9011428

## Opinion text

BEAM, Circuit Judge,
concurring specially.
I concur in the opinion prepared for the majority although under the evidence and the Thurston test, the issue of “willfulness” is an extremely close question. I write separately to state that we should direct the district courts to use language similar to that found in Instruction No. 5.14, Eighth Circuit Model Civil Jury Instructions, nothing more. Attempts to help the jury better understand the meaning of willfulness in the two-tiered concept inherent in the ADEA tend to confuse rather than enlighten. This is because we generally try to use criminal law concepts and these ideas do not readily transfer to issues raised in civil litigation under the ADEA.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9011428. Public record. Not legal advice.