United States Eighth Circuit

In an action claiming plaintiff ingested freon after a Verizon Wireless employee sprayed canned air containing freon into her water bottle, summary judgment for defendants is affirmed where: 1) the district court did not abuse its discretion in excluding evidence from plaintiff's treating physician opining the freon caused her exercise-induced asthma; and 2) plaintiff was unable to set forth sufficient evidence of causation without such evidence.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

• RILEY, Circuit Judge., Before RILEY, BOWMAN, and HANSEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alison Ann Werner Smith, argued, Iowa City, IA (John W. Hayek, on the brief), for appellant.


• For Appellees:
  
• Rebecca Boyd Dublinske, argued, Des Moines, IA, for appellees Cellco and Verizon., Drew J. Gentsch, argued, Des Moines, IA (Jack K. Samuelson, on the brief), for appellee Michael Reid.