United States Eighth Circuit

In a suit brought by plaintiff, who lost his wife and home in a fire, alleging a motorized wheelchair or scooter defendants manufactured and sold to him was defective and caused the fire, summary judgment for defendants is reversed where: 1) contrary to the district court's finding, it was permissible for plaintiff's expert to testify as to the point of origin and to explain that he inferred through process of elimination that the scooter was the cause of the fire; and 2) plaintiff presented sufficient evidence to support a plaintiff's verdict under a Missouri res ipsa-type theory.

Appellate Information

• Decided 12/13/2006
• Published 12/13/2006

Judges

• MELLOY, Circuit Judge., Before, ARNOLD, BYE, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul Paxton Hasty, Jr., Wallace & Saunders, Kansas City, MO, for Plaintiff-Appellant.


• For Appellees:
  
• Douglas M. Greenwald, Charles A. Getto, McAnany & Van Cleave, Kansas City, KS, for Defendants-Appellees.