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.
183357P.pdf 03/20/2020 Green Plains Otter Tail, LLC v. Pro-Environmental, Inc.
U.S. Court of Appeals Case No: 18-3357
U.S. District Court for the District of Minnesota
[PUBLISHED] [Benton, Author, with Colloton and Wollman, Circuit Judges]
Civil case - Products liability. Reasonable minds could differ over
whether the regenerative thermal oxidizer manufactured by defendant was
defective and plaintiff submitted sufficient evidence of a defective
design to survive summary judgment; reasonable minds could disagree on
whether defendant could foresee that a user would view the "suggested"
maintenance on the device as mandatory or would ignore it due to the
effort required, and defendant was not entitled to summary judgment on the
issue of proximate causation; the district court did not err, however, in
granting defendant summary judgment on plaintiff's failure-to-warn claim
as there was no evidence additional warnings would have changed
plaintiff's behavior.