061647P.pdf   12/13/2006  Henry Hickerson  v.  Pride Mobility
   U.S. Court of Appeals Case No:  06-1647
   Western District of Missouri   
   [Melloy, Author, with Arnold and Bye, Circuit Judges]
   Civil case - products liability. District court erred in excluding
   plaintiff's expert from testifying as to the point of origin of a
   fire and his method of determining, through a process of elimination,
   that defendant's powered scooter was the cause of the fire; under
   Missouri law, a plaintiff may prove a products liability claim by
   inference from circumstantial evidence without proof of a specific
   defect if the evidence tends to eliminate other possible causes,
   demonstrates that the product was in the same basic condition as
   supplied by the manufacturer and that the damage suffered would
   not have occurred in the absence of a defect; here, the evidence
   was sufficient to meet this test, and the district court erred in
   granting defendant's motion for summary judgment.