United States Eighth Circuit

In a suit against the manufacturer of a space heater for negligence, breach of warranty, and strict products liability after a house fire, summary judgment for defendant is affirmed where: 1) the general bases provided by plaintiffs' expert for his theories did not match the complexity of the theories, and the district court did not abuse its discretion in excluding the expert testimony; and 2) without the expert testimony, plaintiffs cannot create a genuine issue of material fact regarding whether the defendant's product caused the house fire.

Appellate Information

• Decided 01/21/2009
• Published 01/21/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Odell Kemp, argued, Dallas, TX, for Appellants.


• For Appellees:
  
• James W. Ozog, argued, Chicago, IL, Jennifer J. Karpinski and Ryan M. Frierott, Chicago, IL, and J. Carter Fariley, Little Rock, AR, on the brief, for Appellee.