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.
032954P.pdf 03/18/2005 Kimberly R. Crump v. Versa Products
U.S. Court of Appeals Case No: 03-2954
and No: 03-3098
Eastern District of Missouri
Civil case - Products liability. Defendants' strict liability instruction,
while not a correct statement of Missouri law on its own, must be read in
conjunction with the other instructions in the case, and read together and
taken as a whole, the instructions fairly and adequately submitted the
issues of strict product liability and failure-to-warn; exclusion of 44
incidents of hinge failure was proper as the incidents either occurred after
the date of plaintiff's accident or occurred when the ladder was in a
different configuration; district court did not err in admitting testimony by
experts not included in defendant's witness list as defendant had provided
their resumes and reports prior to trial and had made each witness
available for deposition; further, plaintiffs' expert was clearly familiar
with the witnesses' reports and theories; district court did not abuse its
discretion in denying defendant's motion for discovery sanctions.
[PUBLISHED] [Benton, Author, with Melloy and Bright, Circuit Judges]