DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183587P.pdf 02/10/2020 Robert Ellingsworth v. Vermeer Manufacturing Company
U.S. Court of Appeals Case No: 18-3587
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Kobes, Author, with Erickson and Arnold, Circuit Judges]
Civil case - Products liability. The district court did not err in denying
plaintiff's motion to remand the matter to state court as the case was
properly removed; nor did the court err in denying plaintiff's motion to
amend his complaint to add a claim of agency liability against defendant
as he could not establish good cause for his failure to timely amend the
complaint; on appeal plaintiff makes clear that his products liability and
failure to warn claims concern only the winch attachment to defendant's
wood chipper; the record clearly established that the winch was added at a
later time by a third party and defendant was entitled to summary judgment
as it did not manufacture the winch attachment that injured plaintiff.