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SAPPINGTON v. SKYJACK, INC.

No. 06-3855.

512 F.3d 440 (2008)

Sammie SAPPINGTON; Evelyn Sappington; Justin Sappington, Plaintiffs-Appellants, v. SKYJACK, INC., A Division of Linamar Corp., A Canadian Corporation; Rental Services Corporation, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2008.

Attorney(s) appearing for the Case

Thomas R. Larson, argued, Kansas City, MO (David E. Larson and Jimmy E. Allen, Jr., on the brief), for Plaintiffs-Appellants.

Stephen A. D'Aunoy, argued, St. Louis, MO, (David R. Buchanan and Kenneth R. Goleaner, Kansas City, MO, Dennis Cusack, Chicago, IL, on the brief), for Rental Services Corporation.

Angela M. Higgins, argued, Kansas City, MO, (Kara Trouslot Stubbs, Kansas City, MO, J. Randall Davis and James A. Berglund, Libertyville, IL, on the brief), for Skyjack, Inc.

Before BYE, BOWMAN, and SMITH, Circuit Judges.

BYE, Circuit Judge.

Sammie Sappington, Evelyn Sappington, and Justin Sappington (plaintiffs) appeal the district court's order excluding the testimony of their retained experts and granting summary judgment in favor of Skyjack, Inc., and Rental Services Corporation, Inc. (RSC). We reverse.

I

This strict products liability action arises out of the death of Doyle Sappington, a carpenter employed by a general contractor performing work on a parking...

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