Daryl Smith v. Quartet Sales, Inc.

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________

No. 99-4329

___________

Darryl Smith, *

*

Appellant, *

*

v. * Appeal from the United States * District Court for the

Quartet Sales, Inc., * Eastern District of Missouri.

*

Appellee. * [UNPUBLISHED]

___________

Submitted: August 11, 2000 Filed: August 31, 2000

___________

Before MCMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Darryl Smith appeals the District Court’s1 adverse grant of summary judgment in his products liability case. After careful review of the record and the parties’ briefs, we conclude the judgment was proper. See Jaurequi v. Carter Mfg. Co., 173 F.3d 1076, 1085 (8th Cir. 1999) (describing summary judgment standard of review); Bass v. General Motors Corp., 150 F.3d 842, 847 (8th Cir. 1998) (enumerating proof required for defective-design strict liability claim under Missouri law); Thudium v.

1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.

Allied Prods. Corp., 36 F.3d 767, 769 (8th Cir. 1994) (concluding that circumstantial evidence may be used in products liability case, but “plaintiff must prove his claim without resort to conjecture or speculation and must demonstrate circumstances which point reasonably to the desired conclusion and exclude any other reasonable conclusion”); Dorman v. Bridgestone/Firestone, Inc., 992 S.W.2d 231, 239 (Mo. Ct. App. 1999) (describing standard for negligence liability); Brissette v. Milner Chevrolet Co., 479 S.W.2d 176, 181-82 (Mo. Ct. App. 1972) (concluding physical presence of defective object is not essential to claim; plaintiff may present testimony, subject to cross-examination, that indicates existing defects).

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.