083417P.pdf   08/17/2009  D.G. and G. Inc.  v.  FlexSol Packaging Corp.
   U.S. Court of Appeals Case No:  08-3417
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Benton, Author, with Hansen and Bye, Circuit Judges]
   Civil case - torts. Plaintiff had used the packing bags in question since
   2001, and it knew or reasonably could be expected to know of the
   specific dangers of bagging cotton with excess moisture in the bags; as a
   result, the district court did not err in granting defendant's motion for
   summary judgment on plaintiff's strict liability failure-to-warn claim;
   plaintiff failed to demonstrate it put the bags to a reasonably anticipated
   use, and the district court did not err in granting defendant summary
   judgment of plaintiff's strict liability defective-product claim; because
   plaintiff did not establish a reasonably anticipated use, its negligence and
   implied warranty claims were properly dismissed; subsequent verification
   of an unsworn expert's report allows the court to consider the report on a
   motion for summary judgment, and the district court did not abuse its
   discretion in considering the cured documents; no error in excluding
   plaintiff's expert's report where he failed to follow established methods
   for conducting water vapor transmission tests.