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GILES v. MINERS, INC.

No. 00-1996.

242 F.3d 810 (2001)

Jennifer L. GILES, Individually and as Mother and Next Best Friend; Amber L. Giles, a minor; Thomas L. Giles, Appellants, v. MINERS, INCORPORATED, doing business as Super One Foods; Hussman Corporation, also known as American Refrigeration Products, also known as IC Industries Company, Appellees. Iowa Trial Lawyers Association, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 12, 2001.

Attorney(s) appearing for the Case

Gregory T. Racette, argued, Des Moines, IA, for appellant.

Richard J. Sapp, argued, Des Moines, IA (Kathryn A. Overberg, on the brief), for Hussman Corp.

John Werner, argued, Des Moines, IA (Bedora A. Sheronick, on the brief), for Miner's Inc.

Before BOWMAN, HEANEY, and BEAM, Circuit Judges.

HEANEY, Circuit Judge.

Amber Giles and her parents, Jennifer and Thomas Giles, brought a products liability action for a frostbite injury that Amber sustained while retrieving Popsicles from a spot-merchandising freezer manufactured by Hussman Corporation and located in a Super One Foods store owned by Miners, Inc. After excluding the testimony of the plaintiffs' expert witness, the district court granted summary judgment to the defendants.1

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