Justia Products Liability Opinion Summaries

Ryan Davis and Anthony Crane ordered wet ready-mix concrete from Simon Contractors for a garage floor project. Both had limited experience with concrete, though Davis had experience with a similar product called thinset. The concrete was delivered in two truckloads, and Davis and Crane worked without proper protective equipment. They suffered severe chemical burns from prolonged contact with the wet concrete.The United States District Court for the District of Nebraska held a jury trial. Davis and Crane claimed Simon Contractors was negligent for failing to warn about the dangers of wet concrete. The jury found in favor of Simon Contractors. Davis and Crane appealed, arguing errors in jury instructions and the admission of evidence about Davis’s prior litigation.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court found that the district court correctly instructed the jury on the sophisticated user and assumption of risk defenses under Nebraska law. The court held that Davis and Crane’s experience with similar products and the warnings provided were sufficient for the jury to conclude they knew or should have known the risks. The court also found no error in the assumption of risk instruction, as evidence showed Davis and Crane were aware of the dangers and failed to take necessary precautions.Regarding the cross-examination about Davis’s prior litigation, the court ruled that any error in admitting this evidence was harmless. The probative questions were about Davis and Crane’s knowledge of the risks, and the evidence on these issues was clear. The court affirmed the district court’s judgment in favor of Simon Contractors. View "Davis v. Simon Contractors, Inc." on Justia Law

David Burke died after falling down retractable steps attached to his motorhome. His estate, wife, and children filed product liability claims against Lippert Components, Inc., and LCI Industries, who had purchased the product brand after the Burkes bought the vehicle. The plaintiffs alleged negligence, design defects, manufacturing defects, and inadequate instructions and warnings. They later sought to add the previous owners of the product brand as defendants and amend the scheduling order, but the district court denied these motions and granted summary judgment in favor of Lippert and LCI.The United States District Court for the Northern District of Iowa denied the plaintiffs' motions to amend the complaint and the scheduling order, citing unreasonable delay. The court then granted summary judgment for Lippert and LCI, finding that they did not manufacture, distribute, or sell the steps in question, and thus were not liable under Iowa law. The plaintiffs appealed these decisions.The United States Court of Appeals for the Eighth Circuit affirmed the district court's rulings. The appellate court held that Lippert and LCI were not required to plead an affirmative defense regarding successor liability, as their defense negated an essential element of the plaintiffs' claims. The court also found that Lippert and LCI did not assume liability through the purchase agreement and that expert testimony was necessary to support the claim of inadequate post-sale warnings. Finally, the court agreed that the plaintiffs failed to show good cause for their delayed motions to amend the complaint and scheduling order. The judgment of the district court was affirmed. View "Burke v. Lippert Components, Inc." on Justia Law

Teddy and Melanie Scott filed a lawsuit against Dyno Nobel, Inc., alleging that Teddy suffered serious injuries from exposure to a toxic gas cloud negligently emitted from Dyno’s nitric acid plant in Louisiana, Missouri. The incident occurred on March 20, 2015, when an equipment failure during a startup led to the release of nitrogen oxide gas, which enveloped Teddy while he was working at a nearby plant. Teddy experienced immediate physical symptoms and has since suffered from ongoing health issues, including irritable larynx syndrome, headaches, and back pain. Melanie claimed loss of consortium due to Teddy’s injuries.The United States District Court for the Eastern District of Missouri initially granted summary judgment in favor of Dyno, concluding that Dyno owed no duty of care to Teddy. However, the United States Court of Appeals for the Eighth Circuit reversed this decision, finding that the issue of foreseeability, which determines duty, should be decided by a jury. On remand, a jury trial resulted in a verdict for the Scotts, awarding Teddy $13,750,000 in compensatory damages and $30 million in punitive damages, and Melanie $3 million in compensatory damages. Dyno’s post-trial motions for judgment as a matter of law or a new trial were denied.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court’s judgment in part. The appellate court found that the jury had sufficient evidence to determine that Dyno’s actions created a foreseeable risk of harm and that Dyno breached its duty of care. However, the court reversed the award of punitive damages, concluding that the Scotts did not provide clear and convincing evidence that Dyno acted with a culpable mental state necessary for punitive damages under Missouri law. The case was remanded for entry of an amended judgment omitting the punitive damages award. View "Scott v. Dyno Nobel, Inc." on Justia Law

In October 2018, Molitor Equipment, LLC purchased two tractors from Deere & Company. These tractors were a transitional model and did not include engine compartment fire shields as standard equipment, which were included in the subsequent 2019 model. A year after purchase, both tractors caught fire in separate incidents. Molitor had an insurance policy with SECURA Insurance Company, who paid Molitor's claim and then pursued Molitor's warranty claims against Deere. SECURA claimed the tractors were defective and unreasonably dangerous due to the absence of the fire shields and that Deere's warranty obligated them to remedy the problem or refund the purchase prices.Deere moved to dismiss the claims, arguing that its warranty only covered manufacturing defects, not design defects. The district court granted Deere's motion, dismissing SECURA's breach of warranty claim to the extent it was based on a design defect theory. The case proceeded on a manufacturing defect theory. At the close of discovery, both parties moved for summary judgment. Deere argued that since the tractors conformed to their intended design, there was no manufacturing defect. The district court granted Deere's motion, holding that SECURA could not establish its breach of warranty claim because Deere's warranty covers defects only in "materials or workmanship."On appeal, the United States Court of Appeals for the Eighth Circuit affirmed the district court's decisions. The appellate court agreed with the district court's interpretation of Deere's warranty, concluding that it did not cover design defects. The court also agreed that SECURA could not establish a breach of warranty claim based on a manufacturing defect, as the tractors conformed to their intended design. Therefore, the court affirmed the district court's dismissal of SECURA's design defect claim and its grant of summary judgment to Deere on the manufacturing defect claim. View "Secura Insurance Company v. Deere & Company" on Justia Law

Plaintiff sustained a spinal injury during a rollover car accident in Mexico. Plaintiff, along with his wife (collectively, “Plaintiffs”) filed a claim for damages against General Motors, LLC (“GM”) on theories of strict liability, negligence, and loss of consortium. The district court applied the law of Coahuila, Mexico, under Missouri’s choice of law principles and granted GM’s motion for summary judgment. Plaintiffs appealed the district court’s choice of law decision.   The Eighth Circuit affirmed. The court explained that its conclusion in Azarax that the district court did not abuse its discretion by refusing to allow a party to rely on foreign law does not lead to the conclusion the district court abused its discretion here when it decided the opposite under different facts. Further, the court wrote that after considering the Section 6 factors and the parties’ arguments, it concluded Missouri’s relationship to this case does not overcome the presumption that the place of the injury—Coahuila, Mexico—is the place with the most significant relationship to the parties and occurrence. View "Nicolas Valadez Rey v. General Motors, LLC" on Justia Law

Coloplast Corporation and Coloplast Manufacturing US, LLC (collectively, Coloplast) manufacture and market Restorelle L, a surgical mesh device. Plaintiff sued Coloplast for injuries allegedly caused by the implantation of Restorelle L mesh. After excluding portions of Plaintiff’s expert opinions and testimony, the district court granted summary judgment in favor of Coloplast. On appeal, Plaintiff argued that the district court erred in excluding her expert’s opinion on specific causation and in granting summary judgment on her negligent design claim.   The Eighth Circuit affirmed. The court concluded that the expert’s supplemental declaration was untimely because it was submitted after the deadlines for disclosure of expert reports and completion of all discovery. The court reasoned that Rule 26(e)(2) requires that an expert’s supplement “be disclosed by the time the party’s pretrial disclosures under Rule 26(a)(3) are due.” Rule 26(a)(3)(B), in turn, states that “Unless the court orders otherwise, these disclosures must be made at least 30 days before trial.” Plaintiff maintains that she, therefore, had until thirty days before trial to disclose the expert’s supplemental declaration. However, the court explained that she ignored the caveat that Rule 26’s default timing provision applies only if the court does not order otherwise. Here, the court set deadlines in its scheduling order, those deadlines superseded the default rules, and Plaintiff failed to meet those deadlines. Further, the court wrote that the district court also did not abuse its discretion when it decided to exclude the expert’s report and declaration without considering lesser sanctions. View "Angela Cantrell v. Coloplast Corp." on Justia Law

Several cities in Minnesota alleged that a chemical in refined coal tar that was used in pavement sealants contaminated their stormwater ponds. They filed an action seeking damages from refiners and manufacturers of the tar. The “refiner” defendants take raw coal tar and refine it into a product used by the “manufacturer” defendants to create pavement sealants. The district court dismissed all of the claims against the refiners and dismissed all but three of the claims against the manufacturers. The Cities moved under Federal Rule of Civil Procedure 54(b) for entry of final judgment against the refiners. The district court, however, denied the motion because the Cities had not “demonstrated a danger of hardship or injustice through delay which would be alleviated by immediate appeal.” The Cities then entered into an agreement with the manufacturers, which provided that the Cities would conditionally dismiss their claims against the manufacturers. The Cities then appealed the district court’s decision dismissing claims against the refiners, and some of the refiners cross-appealed.   The Eighth Circuit dismissed the appeal for lack of jurisdiction. The court concluded that this conditional dismissal of the Cities’ claims against the manufacturers does not create a final decision under 28 U.S.C. Section 1291. The whole purpose of pairing the voluntary dismissal with the tolling agreement was to provide for reinstatement of the claims in the event of reversal—that is, to make the dismissal conditional. The court wrote that its only power to prevent the manipulation of appellate jurisdiction is a rigorous application of the final judgment requirement. View "City of Burnsville v. Koppers, Inc." on Justia Law

Plaintiff and her husband purchased a ladder at Home Depot some years ago. Plaintiff’s husband was found dead near the ladder with injuries consistent with a fall. Plaintiff sued Home Depot, alleging that a defect in a ladder caused her husband’s death. The district court granted summary judgment in favor of Home Depot, concluding that Plaintiff’s evidence was insufficient as a matter of law to show causation. On appeal, Plaintiff asserted that she provided sufficient evidence that establishes her claims against Home Depot, and, at a minimum, her evidence creates a genuine dispute of material fact making a grant of summary judgment improper.   The Eighth Circuit affirmed. The court explained that here, Plaintiff has failed to negate other causes of the accident. In addition to the unaccounted-for 11-year period between the purchase of the ladder and the accident, the expert hypothesized that an electrical malfunction may have caused the fall. Plaintiff replied that this sort of malfunction would have given her husband electrical burns, which were not observed by the coroner. However, a minor spark that did not contact her husband could have startled him and caused him to lose his balance. Plaintiff has provided no evidence to refute this. The court concluded that there is no proof here sufficient to induce the mind to pass beyond conjecture. View "Martha Hunt v. Home Depot, Inc." on Justia Law

Plaintiff loaded purchases he made at a Home Depot store in Maplewood, Minnesota, on two flat carts. A Home Depot employee assisted Plaintiff by pushing one of the carts out of the store while Plaintiff followed, pushing the other. The exit doors automatically opened for the Home Depot employee and then closed while Plaintiff was exiting the store, tearing Plaintiff’s right rotator cuff and causing other injuries. Plaintiff alleged his injuries were caused by the door prematurely closing. The doors at issue were manufactured, installed, and serviced by Stanley. Plaintiff alleged a negligence claim against Home Depot and claims of strict product liability, negligence, and breach of express and implied warranties against Stanley. The district court granted summary judgment in favor of Defendants on all claims.   The Eighth Circuit affirmed. The court explained that Plaintiff offered no evidence that Home Depot caused the alleged dangerous condition or that it had actual knowledge of the existence of the alleged dangerous condition. Instead, he argued that Home Depot should have known of the existence of the problem with the automatic doors. But Plaintiff did not retain an expert, nor did he offer evidence demonstrating that Home Depot should have known the automatic doors might close while a customer was entering or exiting the store. The court wrote that because Plaintiff did not submit any evidence indicating the automatic sliding doors were unsafe or an inspection of the doors would have revealed the alleged dangerous condition, Home Depot is entitled to summary judgment on Plaintiff’s negligence claim. View "Michael Oien v. Home Depot U.S.A., Inc." on Justia Law

Plaintiff filed a class action lawsuit against Walmart in the Circuit Court for St. Louis County, Missouri. Plaintiff alleged Walmart engaged in misleading and deceptive marketing practices by selling cough suppressants with dextromethorphan hydrobromide (“DXM”) and a “non-drowsy” label. Walmart removed the case to the Eastern District of Missouri, and Plaintiff moved to have the case remanded to state court. The district court remanded, finding Walmart had not met the Class Action Fairness Act’s jurisdictional requirement of showing the amount in controversy exceeds $5 million.
The Eighth Circuit reversed, finding that Walmart has shown the amount in controversy exceeds $5 million.  The court concluded that Walmart’s declaration was sufficient to support a finding that sales exceeded $5 million. The total amount of sales can be a measure of the amount in controversy. The court explained that the declaration was sufficient, particularly when it is very plausible that a company the size of Walmart would have sold more than $5 million in cough suppressants in the state of Missouri over a period of five years. View "Nicholas Brunts v. Walmart, Inc." on Justia Law