Negligence: Remand-Agency Liability-Product Liability

Where a tree service employee, who was injured while working, sued a wood chipper manufacturer, the employee’s motion to remand is affirmed because even if the district court erred, the employee cannot get the relief he wanted according to prior case law, and the district court did not err in denying the motion for leave to amend the complaint to add a claim of agency liability because the employee did not show good cause to amend and no new facts supported the claim, and the judgment is affirmed because the court properly granted summary judgment to the defendant on the claims of product liability and failure to warn because the record showed that the defendant did not manufacture the winch attachment that caused the injury.

Judgment is affirmed.

Ellingsworth v. Vermeer Manufacturing Company (MLW No. 74520/Case No. 18-3587 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, Western District of Missouri, Hays, J. (Neil Chanter, Springfield, argued for appellant; Steve Bret Garner appeared on the brief) (George Soule, Minneapolis, argued for appellee; Rodney Earl Loomer, Melissa R. Stull and Kevin P. Curry appeared on the brief).