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By stan_sipple

Eighth Circuit Court of Appeals reverses summary judgment against Plaintiff's estate for accident when decedent died after a Skyjack mobile platform tipped over on a construction site063855P.pdf 01/04/2008 Sammie Sappington v. Skyjack, Inc.

U.S. Court of Appeals Case No: 06-3855
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Bye, Author, with Bowman and Smith, Circuit Judges]
Civil case - Torts. The District court granted summary judgment for the manufacturer and owner of a skyjack mobile platform. The plaintiff's estate representatives argued the skyjack platform was unreasonably dangerous because it did protect against tipping over when the operator hit potholes. The district court granted summary judgment for the defendants. Eighth Circuit Court of Appeals reverses, holding the District Court erred in granting defendant's motion for summary judgment as plaintiff could establish under Missouri law his strict products liability claim that the scissors lift in question was unreasonably dangerous without expert testimony. Additionally, the district court erred in excluding plaintiffs' experts who testified that later versions of the platform were safer and would not tip over. Further the plaintiff's expert testimony that design alternatives were available met Daubert standards because the expert referred to reliable studies, tested experiments and standards.

Full post as published by Showmeblawgs on January 06, 2008 (boomark / email).