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Home / Opinions / 8th U.S. Circuit Court of Appeals / 8th - Published Civil Opinions / NEGLIGENCE Product Defect; Circumstantial Evidence; South Dakota Law
14-2883 O’Neal v. Remington Arms Company, appealed from the District of South Dakota, Bye, J.

NEGLIGENCE Product Defect; Circumstantial Evidence; South Dakota Law

 

Where a woman whose husband died in a hunting accident sued a rifle manufacturer claiming a defect in a rifle caused his death, summary judgment for the defendant is reversed and remanded because South Dakota law allows a product defect to be shown through circumstantial evidence, and the plaintiff presented sufficient circumstantial evidence to show that the alleged defect was present at the time of manufacture and not the result of an alteration.

Dissenting opinion by Loken, J.: “I respectfully dissent. In my view, the district court correctly concluded that, because Carol O’Neal had the Remington Model 700 rifle destroyed before this action was filed, she cannot prove that a design or manufacturing defect present when the rifle left Remington’s control in 1971 proximately caused the tragic hunting accident that killed her husband 37 years later.” Judgment is reversed and remanded.

14-2883 O’Neal v. Remington Arms Company, appealed from the District of South Dakota, Bye, J.


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