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United States Seventh Circuit


Winters v. Fru-Con Inc., 05-3911

In a suit against the company that installed a piece of equipment that injured plaintiff on his job, judgment for defendant is affirmed where: 1) the magistrate judge hearing the case had jurisdiction over the dispute; 2) the magistrate judge did not abuse his discretion in denying plaintiff's motion to amend his complaint to add punitive damages; 3) the district court properly exercised its discretion in finding that plaintiff's proposed experts were not reliable and therefore properly rejected their tendered expert testimony; 4) plaintiff was not entitled to a reopening of discovery; 5) plaintiff failed to develop evidence sufficient to meet his burden of proof at trial for his product liability claim; and 6) judgment as a matter of law on plaintiff's negligence claim was appropriate since the injury was outside the installation process and therefore outside of defendant's duty as established by its contract.

Appellate Information

  • Argued 11/01/2006
  • Decided 08/22/2007
  • Published 08/22/2007

Judges

  • KANNE, Circuit Judge., Before KANNE, EVANS, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Robert B. Ramsey (argued), Brent, Coon & Associates, St. Louis, MO, for Plaintiff-Appellant.

  • For Appellees:
  • Dennis E. Rose (argued), Donovan, Rose, Nester & Szewczyk, Belleville, IL, for Defendant-Appellee.
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