163516P.pdf   07/03/2017  Bruce Lindholm  v.  BMW of North America, LLC
   U.S. Court of Appeals Case No:  16-3516
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Arnold, Author, with Wollman and Gruender, Circuit Judges] 
   Civil case - Products liability. In action alleging tire jack supplied by 
   defendant was defectively designed and unreasonably dangerous, the 
   district court did not err in concluding a reasonable jury would have to 
   conclude that plaintiff's decedent misused the jack by using it for a 
   purpose for which it was not intended; the misuse of the jack was not 
   foreseeable as a matter of law, given the warnings accompanying it, and 
   defendant was entitled to summary judgment on the plaintiff's 
   strict-liability claim; with respect to plaintiff's negligence and 
   negligent-design claims, the victim's misuse of the jack also constitutes 
   contributory negligence which bars recovery under South Dakota law; 
   defendant's summary judgment on plaintiff's wrongful-death claim affirmed.