United States Eighth Circuit

In a products liability action alleging plaintiffs suffered severe and permanent impairment of their senses of taste and smell due to their use of a nasal spray made and distributed by defendant for the treatment of cold symptoms, summary judgment for defendant is affirmed where: 1) the district court did not err in excluding plaintiffs' expert's proposed testimony as his causation theory relied on an unproven and untested premise; and 2) without his testimony, plaintiffs could not make a prima facie case.

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• SMITH, Circuit Judge., Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Barry G. Reed, argued, Scottsdale, AZ, Michael B. Sonsteng, Minneapolis, MN, on the brief, Minneapolis MN, for appellant.


• For Appellees:
  
• Walter H. Swayze, argued, Philadelphia, PA, for appellee.