142883P.pdf   10/14/2015  Carol O'Neal  v.  Remington Arms Company
   U.S. Court of Appeals Case No:  14-2883
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Bye, Author, with Loken and Kelly, Circuit Judges] 
   Civil case - Products liability. In action alleging a defect in a Model 
   700 rifle manufactured by defendant in 1971, plaintiff produced sufficient 
   circumstantial evidence to show the alleged defect was present at the time 
   of manufacture and was not the result of subsequent alteration or 
   modification; the record showed the rifle was equipped with a so-called 
   "Walker" trigger mechanism which has been shown to cause inadvertent 
   discharges of the rifle; while the owner of the rifle acquired it in the 
   mid-1980s (the rifle was destroyed after the accident)and cannot account, 
   therefore for any post-manufacture modification from 1970 to the time the 
   rifle was acquired, there was sufficient circumstantial evidence that it 
   was not modified for plaintiff's action to survive a motion for summary 
   judgment. Judge Loken, dissenting.