Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

Plaintiff filed suit against Vermeer in Missouri state court, alleging that he was injured while operating a Vermeer wood chipper. After Vermeer successfully removed to federal court, the district court denied plaintiff's motions to remand and for leave to amend, granting summary judgment to Vermeer.The Eighth Circuit affirmed, holding that the district court did not improperly remove the case where plaintiff voluntarily dismissed the only nondiverse party that was in the case at the time. Furthermore, even if the district court did not err, plaintiff could not get the relief he sought in light of Caterpillar Inc. v. Lewis, 519 U.S. 61, 64 (1996). The court also held that plaintiff failed to sufficiently establish good cause and the district court was well within its discretion to deny the motion for leave to amend his complaint to add a claim of agency liability against Vermeer. Finally, the court held that the district court did not err in granting summary judgment on the products liability and failure to warn claims. In this case, the record clearly established that Vermeer did not manufacture the winch attachment that injured plaintiff. View "Ellingsworth v. Vermeer Manufacturing Co." on Justia Law

Plaintiff, an employee of 4T Construction, filed suit against McKenzie under both negligence-based and strict liability law principles after he was seriously injured while replacing a high voltage transmission line for a project.The Eighth Circuit affirmed the district court's grant of summary judgment for McKenzie, holding that the parties' contract clearly and unambiguously stated that 4T was retained as an independent contractor. In this case, the parties' contract stated that 4T was an independent contractor that performs its work without supervision by McKenzie. The court held that McKenzie did not retain control over 4T's and plaintiff's actions. Finally, the North Dakota Supreme Court has declined to hold a utility company strictly liable for injuries and damages from contact with high tension power lines, and McKenzie was not liable under a theory of strict liability for abnormally dangerous activities. View "Meyer v. McKenzie Electric Cooperative, Inc." on Justia Law

After plaintiff was injured when a neck brace allegedly caused or failed to protect him from serious bodily injury, he filed suit against the makers and sellers of the neck brace. The Eighth Circuit affirmed the district court's orders granting defendants' motions to dismiss. The district court correctly noted that, even though entry of default was proper where a party fails to respond in a timely manner, a court must not enter default without first determining whether the unchallenged facts constitute a legitimate cause of action. In this case, all but one of the allegations in the amended complaint constitute mere legal conclusions and recitations of the elements of the causes of action.The court agreed with the district court that where, as here, there are so few facts alleged in the complaint, the court need not address each individual claim to make a sufficiency determination on a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. Accordingly, because the amended complaint failed to allege sufficient facts to state a claim for relief that was plausible on its face, the district court did not err in granting defendants' motion to dismiss. View "Glick v. Western Power Sports, Inc." on Justia Law

A driver who causes an accident on a highway is not liable for a second one occurring in the traffic backup that follows. The Eighth Circuit applied Missouri law and held that the backup along the interstate did not lead the driver in the second accident to drive too fast or limit his ability to see the traffic ahead. Nor was it foreseeable that another accident would occur under these circumstances—eight-or-more minutes later in a spot nearly half a mile back—when every driver before the driver in the second accident had managed to stop. In this case, the court held that the causal chain stops with the driver in the second accident, not the driver in the first accident. Accordingly, the court affirmed the district court's grant of summary judgment to the driver in the first accident. View "Simler v. Dubuque Paint Equipment Services, Inc." on Justia Law

After plaintiff suffered serious injuries from falling off a Vulcan ladder, he and his wife filed suit against Vulcan and GP. The jury rejected plaintiffs' design defect claim, but found that defendants breached an express warranty. The jury awarded plaintiff damages and the district court denied defendants' post-trial motions for judgment as a matter of law and, in the alternative, a new trial.The Eighth Circuit affirmed and held that plaintiff's expert was qualified and his testimony was properly admitted under Federal Rule of Evidence 702; the expert provided a sufficient case-specific basis to support his opinion and he did not simply speculate on causation after a great deal of prodding; GP waived its statute of limitations defense; and the evidence was sufficient to support the jury verdict on the breach of contract claim; defendants waived their remaining arguments; and the district court did not abuse its discretion by denying defendants' motion for a new trial. View "Klingenberg v. Vulcan Ladder USA, LLC" on Justia Law

Plaintiff filed suit alleging federal constitutional and tort claims against the city, the county, and several city and county employees after his son died of hypothermia. Plaintiff alleged that defendants, by prematurely declaring plaintiff's son dead and therefore cutting off possible aid, caused his death in violation of the due process clause of the Fourteenth Amendment.The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss with prejudice, holding that plaintiff failed to identify a clearly established right and defendants were entitled to qualified immunity where they did not intentionally deny emergency aid to someone they believe to be alive. The court noted that the medical guidelines were not followed here could possibly be the basis for a negligence suit, but it was not the basis for a constitutional one. View "Anderson v. City of Minneapolis" on Justia Law

After plaintiff and her four children died from smoke inhalation as a result of a kitchen fire in their apartment, administrators of their estate filed suit against the JHA, the manufacturer of the smoke alarm, the City, the fire department, and others. Plaintiffs appealed the district court's judgment in favor of defendants.The Eighth Circuit affirmed, holding that the district court did not err in granting summary judgment to the Housing Authority Defendants and BRK, because no reasonable factfinder could determine, absent speculation, that the fire alarm failed to sound, causing the tragic deaths of plaintiffs; the district court did not err in granting summary judgment to the City Defendants, because there was lack of evidence showing that the firefighters' actions caused plaintiffs' deaths; the district court did not abuse its discretion by denying a motion to strike the affidavit of a defense expert; and the district court did not abuse its discretion by requiring one of plaintiff's counsel to pay for part of defendants' costs. View "Beavers v. Arkansas Housing Authorities Property & Casualty Self-Insured Fund, Inc." on Justia Law

The Eighth Circuit affirmed the district court's dismissal of plaintiff's claim under the Federal Tort Claims Act against the United States for negligent supervision and training. Plaintiff alleged that he suffered emotional and physical distress after the Veterans Administration (VA) sent him a letter erroneously stating that his corneal ulcerations were not service-connected.The court held that the Veterans' Judicial Review Act (VJRA) limits district courts' jurisdiction over suits involving a VA benefits determination. Therefore, the Board's determination that the February 2015 letter contained a "clear and unmistakable" error does not constitute an admission of negligence such that the district court would no longer need to review a benefits determination in deciding plaintiff's claim. Therefore, the action was properly dismissed for lack of subject matter jurisdiction. View "Newcombe v. United States" on Justia Law

After a child fell 50 ft. from a zipline at Bible camp, the parties dispute who potentially bears financial responsibility for her injuries. The Eighth Circuit held that, under the plain language of the insurance policy, the camp's insurer was not responsible for the conference center's alleged negligence. In this case, the insurer's potential liability for the child's injuries could not possibly have arisen out of the use of the premises leased to the insured. Accordingly, the court reversed and remanded for the entry of summary judgment for the insurer. View "Great American Alliance Insurance Co. v. Windermere Baptist Conference, Inc." on Justia Law

A group of customers filed suit against SuperValu after hackers accessed customer financial information from hundreds of grocery stores operated by defendant. The Eighth Circuit previously affirmed the dismissal of all but one of the suit's named plaintiffs for lack of standing and, on remand, the district court dismissed the remaining plaintiff for failure to state a claim and denied plaintiffs' motion for leave to amend.The court affirmed, holding that the district court did not abuse its discretion by denying the motion for leave to amend because plaintiffs' postjudgment motion was untimely. The court also held that the remaining plaintiff's allegations fell short of stating a claim for relief under Illinois law for negligence, consumer protection, implied, contract, and unjust enrichment. View "Alleruzzo v. SuperValu, Inc." on Justia Law