Justia U.S. 8th Circuit Court of Appeals Opinion SummariesArticles Posted in Products Liability
McMahon v. Robert Bosch Tool Corp.
After plaintiff suffered injuries to his right hand while using a RotoZip Model RZ20 hand-held spiral saw, he filed suit against Bosch, the manufacturer, and Lowe's, the retailer, alleging strict liability and negligence products liability theories. Plaintiff alleged that he was injured when the saw’s auxiliary handle spontaneously detached from the saw's body.The Eighth Circuit affirmed the district court's grant of defendants' joint motion to bar the opinions of plaintiff's expert regarding the saw's alleged design defects and the saw's failure to have an interlocking device safety measure. The court concluded that the expert's proposed opinion lacked relevance as it did not fit the facts of this case. The court explained that plaintiff did not meaningfully argue in his brief his claim that the saw was defective for not having an interlocking safety measure and thus waived his claim. Furthermore, even if the issue was not waived, the district court did not err in concluding the expert's testimony on alternative-design options was not reliable and should not be admitted.The court also affirmed the district court's grant of defendants' joint motion for summary judgment on plaintiff's claims of strict products liability, negligent design, negligent failure to warn, and negligent supply of a dangerous instrumentality. In this case, the district court concluded that the claims involved such complex or technical information that they required expert testimony. Therefore, the exclusion of plaintiff's expert was fatal to his claims. View "McMahon v. Robert Bosch Tool Corp." on Justia Law
Graham v. Mentor Worldwide LLC
The Eighth Circuit affirmed the district court's denial of plaintiff's motion to remand a strict product liability claim against Mentor Worldwide to state court and the district court's subsequent decision to deny plaintiff's voluntary dismissal without prejudice and to dismiss her claim against Mentor Worldwide with prejudice. Plaintiff's claims relate to the silicone breast implants she received that were manufactured by Mentor Worldwide.The court concluded that plaintiff's claim that the district court erred in denying her motion to remand her strict product liability claim against Mentor Worldwide to state court was not properly before it. The court explained that, because the district court had diversity jurisdiction when it entered final judgment, there is nothing to remand. Because the court affirmed the dismissal with prejudice, the court need not determine whether remand would be required if it reversed the district court's final judgment on the merits and determined that remand had been improperly denied. Finally, the court concluded that the district court did not abuse its discretion in denying plaintiff's motion to dismiss without prejudice. View "Graham v. Mentor Worldwide LLC" on Justia Law
Scott v. Key Energy Services, Inc.
After plaintiff sustained injuries in an on-the-job accident, he filed suit against his former employer, Key Energy, and the company that manufactured the equipment that caused his injuries, Hydra-Walk, alleging products liability and negligence claims. Plaintiff suffered injuries when the Hydra-Walk system he was operating became unstable and overturned, crushing him.The Eighth Circuit affirmed the district court's grant of summary judgment for defendants, concluding that Hydra-Walk is not a third-party tortfeasor for purposes of determining whether plaintiff may pursue a remedy. The court explained that plaintiff's arguments to the contrary ignored that a merger occurred between Key Energy and Hydra-Walk, with Key Energy emerging as the only surviving entity and Hydra-Walk, ceasing to exist. Furthermore, the North Dakota Supreme Court has never allowed an employee to successfully recover against an employer where the employee was injured by equipment manufactured by another company prior to the company's merger with the employer and the injury occurred post-merger. Without further indication that the North Dakota Supreme Court would be receptive to the application of the exception, the court was unwilling to apply it, for the first time, to plaintiff's claims. Finally, the court concluded that the North Dakota Supreme Court would not apply the dual capacity doctrine to the exclusive remedy rule to plaintiff's claims. View "Scott v. Key Energy Services, Inc." on Justia Law
Ideus v. Teva Pharmaceuticals USA, Inc.
Plaintiff file a products liability action against Teva, the manufacturer of intrauterine devices, after she suffered complications from the implantation of an intrauterine device that broke and embedded inside her uterus.The Eighth Circuit affirmed the district court's grant of summary judgment to the manufacturer, holding that all Teva was required to do under Nebraska law was warn medical professionals like plaintiff's physician about the device's potential risks. The court explained that the Nebraska Supreme Court has indicated that it would follow the "overwhelming majority rule" and join other states in rejecting the prescription-contraceptives exception to the learned-intermediary doctrine. View "Ideus v. Teva Pharmaceuticals USA, Inc." on Justia Law
Reinard v. Crown Equipment Corporation
The Eighth Circuit affirmed the district court's admission of evidence over plaintiffs' objection and denial of plaintiffs' motion for a new trial in a products liability action brought against Crown, a forklift manufacturer. The court applied Huff v. Heckendorn Manufacturing Co., 991 F.2d 464, 467 (8th Cir. 1993), and concluded that plaintiffs waived their challenge to the admission of the video simulations where they preemptively introduced the simulations into evidence. Accordingly, the district court did not abuse its discretion in denying plaintiffs' motion for a new trial. View "Reinard v. Crown Equipment Corporation" on Justia Law
Markel v. Douglas Technologies Group, Inc.
After plaintiff was injured after being thrown from his ATV when its right wheel came off, he filed suit against DTG, the manufacturer of the wheel, seeking redress for his injuries. The complaint alleged causes of action for product liability, negligence, breach of implied warranty, failure to warn, and post-sale failure to warn. The first three claims merge by operation of law under Minnesota's single product-liability theory. Plaintiff has abandoned his post-sale failure-to-warn claim by not including any argument on the issue in his brief.The Eighth Circuit affirmed the district court's grant of summary judgment in favor of DTG on the product-liability claim where plaintiff's expert specifically disclaims an opinion as to whether the subject wheel had a design defect that made it unreasonably dangerous. The court also affirmed the district court's grant of summary judgment in favor of DTG on the failure-to-warn claim where the summary judgment record is completely devoid of evidence that an inadequate warning caused plaintiff's injuries. View "Markel v. Douglas Technologies Group, Inc." on Justia Law
Smith v. Toyota Motor Corp.
Plaintiff filed suit against Toyota in strict products liability, negligence, and breach of warranty for injuries she sustained in a single-vehicle roll over accident. Plaintiff alleged that her 1997 Toyota 4Runner was unreasonably prone to roll over and that its seatbelt system failed to restrain her during the accident.Given plaintiff's concession that there was no evidence relating to the design of the seatbelt and that her claims instead centered on FMVSS 209, the Eighth Circuit held that the district court did not err in determining that she had abandoned her claim for strict liability. The court declined to reach plaintiff's evidentiary arguments because she failed to preserve them. Accordingly, the court affirmed the judgment. View "Smith v. Toyota Motor Corp." on Justia Law
Green Plains Otter Tail, LLC v. Pro-Environmental, Inc.
Green Plains, owner and operator of an ethanol production facility, filed suit against PEI for negligence and products liability, alleging defective design and failure to adequately instruct and warn users. The district court granted summary judgment to PEI.The Eighth Circuit held that reasonable minds could differ about whether the regenerative thermal oxidizer (RTO) was defective, and thus Green Plains submitted sufficient evidence of a defective design to survive summary judgment. Furthermore, reasonable minds could disagree as to whether PEI could foresee that a company would view the "suggested" maintenance as mandatory, or would ignore it due to the effort required. Therefore, under Minnesota law, the court held that PEI was not entitled to summary judgment on proximate cause. Finally, the court held that the district court properly granted summary judgment on the failure-to-warn claim. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "Green Plains Otter Tail, LLC v. Pro-Environmental, Inc." on Justia Law
Farkas v. Addition Manufacturing Technologies, LLC
After plaintiff's fingers were severely injured by a machine that uses a hydraulic clamp to crimp metal tubes, he filed suit against Addition, the machine designer's successor. The Eighth Circuit affirmed the district court's grant of summary judgment for Addition, holding that plaintiff failed to provide facts showing that the machine was inherently dangerous or improperly guarded at the time it entered the stream of commerce. Therefore, the court concluded that plaintiff failed to establish a material issue of fact as to his strict liability claims.In regard to his products liability claims, the court held that plaintiff failed to offer evidence that the danger of a tube forming machine to the user's hand was anything but "open, obvious, and apparent." Therefore, the defect was not latent under Missouri case law, and thus not a material issue of fact regarding his negligence claim. View "Farkas v. Addition Manufacturing Technologies, LLC" on Justia Law
Ellingsworth v. Vermeer Manufacturing Co.
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