Legal Opinion
O'Neal v. Remington Arms Co.
Court of Appeals for the Eighth Circuit
Decided October 14, 2015No. 14-2883PublishedCited by 6 opinions
1Opinion of the Court
BYE, Circuit Judge.
Carol O’Neal sued Remington Arms Company, L.L.C., (Remington) alleging a defect in a rifle manufactured by Remington caused her husband’s death in a November 2008 hunting accident. The district court granted summary judgment to Remington on the grounds that O’Neal could not show whether the alleged defect existed at the time of manufacture or whether the defect resulted from a subsequent alteration or modification to the rifle. Because South Dakota law permits a plaintiff to prove a product defect through circumstantial evidence, and O’Neal presented sufficient…
2Cases cited11 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Shaffer v. Honeywell, Inc.South Dakota Supreme Court · 1976
- Evelyn and Jack Lewy v. Remington Arms Co., Inc.Court of Appeals for the Eighth Circuit · 1988
- Delores F. Turner Russell Turner v. Iowa Fire Equipment Company, an Iowa Corporation, - Iowa Fire Equipment Company, Third Party v. Kidde-Fenwal, Inc. Third PartyCourt of Appeals for the Third Circuit · 2000
- Peterson v. Safway Steel Scaffolds Co. of South DakotaSouth Dakota Supreme Court · 1987
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3Cited by6 opinions
- Seguin v. Remington ArmsCourt of Appeals for the Fifth Circuit · 2022
- Gregerson v. Farm Bureau Property and Casualty Insurance CompanyDistrict Court, D. South Dakota · 2020
- Hansen v. ShieldsDistrict Court, D. South Dakota · 2020
- Higgins v. Upshaw Consulting Services, LLCDistrict Court, D. South Dakota · 2020
- Johnson v. Acuity Mutual Insurance CompanyDistrict Court, D. South Dakota · 2020
1 more not listed; retrieve them via the Exa API.