United States Eighth Circuit

In a products liability action arising from circumstances in which a scissors lift's wheels fell into a hole, tipping it and causing a fatal fall, summary judgment for manufacturer and owner defendants is reversed where: 1) plaintiffs could establish their strict products liability claim that the lift at was unreasonably dangerous without expert testimony; and 2) the district court abused its discretion in excluding plaintiff's experts' testimony on the grounds that it was irrelevant and unreliable.

Appellate Information

• Decided 01/04/2008
• Published 01/04/2008

Judges

• BYE, Circuit Judge., Before BYE, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas R. Larson, argued, Kansas City, MO (David E. Larson and Jimmy E. Allen, Jr., on the brief), for Plaintiffs-Appellants., Stephen A. D'Aunoy, argued, St. Louis, MO, (David R. Buchanan and Kenneth R. Goleaner, Kansas City, MO, Dennis Cusack, Chicago, IL, on the brief), for Rental Services Corporation., Angela M. Higgins, argued, Kansas City, MO, (Kara Trouslot Stubbs, Kansas City, MO, J. Randall Davis and James A. Berglund, Libertyville, IL, on the brief), for Skyjack, Inc.