Aaron Lindebak represented Lippert Components, Inc. and LCI Industries in a products liability case. Plaintiffs alleged that a rivet in an RV step failed, resulting in the death of David Burke. Plaintiffs alleged that Lippert was negligent in designing, manufacturing, and failing to warn; and should be held strictly liable for defective design, pre-sale failure to warn, and post-sale failure to warn. Plaintiffs similarly alleged LCI was negligent for the same reasons.
Lippert and LCI pointed out that they did not manufacture the step and were not liable as a successor entities to the manufacturer of the step, Engineered Solutions, L.P. / Enerpac Tool Group Corp. Lippert and LCI also contended that Plaintiffs failed to produce the necessary expert testimony to establish a failure to warn claim. Finally, Lippert and LCI argued that Plaintiffs’ motion to amend the complaint and amend the trial scheduling order should be denied because Plaintiffs lacked good cause.
The United States District Court for the Northern District of Iowa granted summary judgment in favor of Lippert and LCI and denied Plaintiffs’ motions to amend. After hearing oral argument in St. Louis, the United States Court of Appeals for Eighth Circuit affirmed the district court. The Court held that successor non-liability is not an affirmative defense that needs to be pled. Further, Lippert and LCI did not assume the liabilities as a successor entity to Engineered Solutions, L.P. / Enerpac Tool Group Corp. The Court also affirmed the district court’s ruling that Plaintiffs lacked the required expert testimony on the lack of warnings claim. Finally, the Court affirmed the decision to deny the motions for leave to amend the complaint and amend the trial scheduling plan because they lacked good cause to do so.
The case is Nancy Burke et al. v. Lippert Components, Inc. and LCI Industries, 23-1626.