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Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence
Staff Report//March 20, 2020//
Listen to this articlePlaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when the machine entered the stream of commerce.
Where plaintiff failed to provide evidence whether the machine’s safety features operated correctly when the machine entered the stream of commerce, he could not show that the machine was inherently defective or dangerous.
Judgment is affirmed.
Farkas v. Addition Manufacturing Technologies LLC (MLW No. 74685/Case No. 19-1068 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Eastern District of Missouri, White, J. (Patrick R. McPhail, of Saint Louis, MO for appellant; John G. Simon, of Saint Louis, and Kevin M. Carnie, Jr., of Saint Louis, on brief) (Craig Richard Klotz, of Saint Louis, for appellee; David T. Ahlheim, of Saint Louis on brief)
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