United States Eighth Circuit

In a product liability action, district court's judgment is affirmed where: 1) the court granted defendant's motion for summary judgment where plaintiff failed to demonstrate that the products were put to reasonably anticipated use in proving strict liability failure-to-warn and defective product; 2) plaintiff's failure to establish reasonably anticipated use resulted in dismissal of negligence and implied warranty claims; 3) the court allowed unsworn expert reports where it can be cured; and 4) the court did not abuse its discretion in excluding expert testimony under the Daubert factors.

Appellate Information

• Decided 08/17/2009
• Published 08/17/2009

Judges

• BENTON, Circuit Judge., Before BYE, HANSEN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph C. Blanton Jr., argued, Thomas Collins, III, Shaun D. Hanschen, on the brief, Sikeston, MO, for appellant.


• For Appellees:
  
• Joseph Robert Swift, argued, Thomas Michael Ward, Joshua Stegman, on the brief, St. Louis, MO, for appellee.