Ellingsworth v. Vermeer Manufacturing Co., No. 18-3587 (8th Cir. 2020)
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Plaintiff filed suit against Vermeer in Missouri state court, alleging that he was injured while operating a Vermeer wood chipper. After Vermeer successfully removed to federal court, the district court denied plaintiff's motions to remand and for leave to amend, granting summary judgment to Vermeer.
The Eighth Circuit affirmed, holding that the district court did not improperly remove the case where plaintiff voluntarily dismissed the only nondiverse party that was in the case at the time. Furthermore, even if the district court did not err, plaintiff could not get the relief he sought in light of Caterpillar Inc. v. Lewis, 519 U.S. 61, 64 (1996). The court also held that plaintiff failed to sufficiently establish good cause and the district court was well within its discretion to deny the motion for leave to amend his complaint to add a claim of agency liability against Vermeer. Finally, the court held that the district court did not err in granting summary judgment on the products liability and failure to warn claims. In this case, the record clearly established that Vermeer did not manufacture the winch attachment that injured plaintiff.
Court Description: [Kobes, Author, with Erickson and Arnold, Circuit Judges] Civil case - Products liability. The district court did not err in denying plaintiff's motion to remand the matter to state court as the case was properly removed; nor did the court err in denying plaintiff's motion to amend his complaint to add a claim of agency liability against defendant as he could not establish good cause for his failure to timely amend the complaint; on appeal plaintiff makes clear that his products liability and failure to warn claims concern only the winch attachment to defendant's wood chipper; the record clearly established that the winch was added at a later time by a third party and defendant was entitled to summary judgment as it did not manufacture the winch attachment that injured plaintiff.
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