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MARKEL v. DOUGLAS TECHNOLOGIES GROUP, INC.

No. 19-2637.

968 F.3d 888 (2020)

Anthony MARKEL Plaintiff-Appellant v. DOUGLAS TECHNOLOGIES GROUP, INC., a California corporation, doing business as Douglas Wheel Technologies Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2020.

Attorney(s) appearing for the Case

Nathan C. Brunette , Stoel & Rives, Portland, OR, Keith J. Kerfeld , Peter Eric Lind , Tewksbury & Kerfeld, Minneapolis, MN, for Plaintiff-Appellant.

Russell S. Ponessa , Hinshaw & Culbertson, MinneapOlis, MN, Joshua Vincent , Hinshaw & Culbertson, Chicago, IL, for Defendant-Appellee.

Before KELLY, ERICKSON, and STRAS, Circuit Judges.

During the last lap of a flat-track race in Ogilvie, Minnesota, Anthony Markel was injured after being thrown from his all-terrain vehicle ("ATV") when its right rear wheel came off. Markel sued Douglas Technologies Group, Inc. ("DTG"), the manufacturer of the wheel, seeking redress for his injuries. The district court

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