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Torts: Products Liability-Summary Judgment-Strict Liability and Negligence
Staff Report//June 17, 2026//
Torts: Products Liability-Summary Judgment-Strict Liability and Negligence
Staff Report//June 17, 2026//
Plaintiff appealed the grant of summary judgment to defendant. Plaintiff was injured while inspecting a boiler manufactured and inspected by defendant. He filed suit alleging design, manufacturing and marketing defects and asserting strict liability and negligence claims. On appeal, plaintiff argued that genuine issues of material fact precluded summary judgment.
Where plaintiff failed to negate other non-defect causes for the boiler explosion, his strict liability claim failed, and his negligence claim failed due to lack of evidence of proximate causation.
Judgment is affirmed.
Rhodes v. Fulton Thermal Corp. (MLW No. 84928/Case No. 25-1849 & 25-1881 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Western District of Arkansas, Hickey, J. (William David Carter Sr., Texarkana, TX for appellant; J. David Crisp, Texarkana, TX on the brief) (James D. Robertson, Little Rock, AR for appellee; Ben C. Hall, Little Rock, AR on the brief)
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