Read Menz v. New Holland N. Am., Inc., 07-1015

In a products liability case arising from a tractor roll-over accident, summary judgment for defendants is affirmed where: 1) dismissal of strict liability failure to warn claims against defendants was proper as plaintiff failed to show a warning would have altered his behavior; 2) the district court did not abuse its discretion in excluding plaintiff's expert's opinion, leaving him without the requisite expert testimony to establish causation on his defective design claim; 3) as the prior claims failed, negligence claims with a higher threshold of proof also failed; and 4) a derivative loss of consortium claim likewise failed.

Appellate Information

• Decided 11/14/2007
• Published 11/14/2007

Judges

• RILEY, Circuit Judge., Before BYE, RILEY, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Michael Ponder, argued, Cape Girardeau, MO, for appellant.


• For Appellees:
  
• Jonathan Garside, argued, St. Louis, MO (John E. Galvin and Katherine M. Fowler, on the brief), for appellees New Holland and Ford Motor., John J. Ohl, argued, Edwardsville, IL (Joe Francis Grabowski, on the brief), for appellee Westendorf.