Legal Opinion

Roger J. Bergfeld, Sr. Denise I. Bergfeld v. Unimin Corporation, Martin Marietta Corporation, Also Known as Lockheed Martin Corporation

Court of Appeals for the Eighth Circuit

Decided February 11, 2003No. 02-2114PublishedCited by 30 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Roger and Denise Bergfeld appeal the district court’s 1 adverse grant of summary judgment on their products liability claim. The district court concluded that Roger Bergfeld’s (Bergfeld) employer, the John Deere Dubuque Works Foundry, was a sophisticated user of the silica sand that allegedly caused his injuries and thus that Martin Marietta Corporation 2 (Lockheed Martin) had no duty to warn Deere of the risks posed by excessive exposure to silica sand. We affirm.

I

From 1976 to 1983 Lockheed Martin sold silica sand to Deere for use in making molds and cores in Deere’s…

2Cases cited9 opinions

  1. Beale v. HardyCourt of Appeals for the Fourth Circuit · 1985
  2. Smith v. Allen Health SystemsCourt of Appeals for the Eighth Circuit · 2002
  3. Goodbar v. Whitehead Bros.District Court, W.D. Virginia · 1984
  4. Strong v. E. I. DuPont de Nemours Co.Court of Appeals for the Eighth Circuit · 1981
  5. Mercer v. Pittway Corp.Supreme Court of Iowa · 2000

4 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Wegener v. JohnsonCourt of Appeals for the Eighth Circuit · 2008
  2. Humble Sand & Gravel, Inc. v. GomezTexas Supreme Court · 2004
  3. Henry W. Boerner, Individually and as Administrator of the Estate of Mary Jane Boerner, Deceased v. Brown & Williamson Tobacco CompanyCourt of Appeals for the Eighth Circuit · 2005
  4. Gray v. Badger Mining Corp.Supreme Court of Minnesota · 2004
  5. Linden v. CNH AMERICA, LLCCourt of Appeals for the Eighth Circuit · 2012

25 more not listed; retrieve them via the Exa API.

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