United States Eighth Circuit

In a products liability action, dismissal of plaintiff's claims is affirmed where: 1) plaintiff's failure to plead that the product defect involved had ever manifested itself in their baby crib was fatal to their case as the purchasers of an allegedly defective product have no legally cognizable claim where the alleged defect has not manifested itself in the product they own; and 2) the court did not abuse its discretion in denying plaintiffs' motion to amend their second amended complaint as plaintiffs did not follow applicable procedural rules.

Appellate Information

• Decided 07/22/2009
• Published 07/22/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth C. Pritzker, argued, San Francisco, CA, Eric H. Gibbs, Geoffrey A. Munroe, Amy Eskin and Charles C. Kelly III, San Francisco, CA, Vincent J. Esades, Dylan J. McFarland and Renae D. Steiner, Minneapolis, MN, on the brief, for appellant.


• For Appellees:
  
• Joseph J. Krasovec, III, argued, Chicago, IL, Heide Dalenberg, Holly A. Podulka, Chicago, IL and John E. Connelly, Minneapolis, MN, on the brief, for appellee.