Submitted: September 20, 2017
from United States District Court for the Eastern District of
Arkansas - Little Rock
COLLOTON, BENTON, and KELLY, Circuit Judges.
COLLOTON, Circuit Judge.
Oil Company appeals a grant of summary judgment dismissing
several products liability claims that it brought against
Jones Stephens Corporation. We agree with the district
court that there was insufficient evidence to
support any of the theories that Apex advances on appeal, and
we therefore affirm.
Stephens sold a PlumBest plumbing supply line to a builder or
plumbing contractor, and it was installed in 2004 or 2005 at
a building owned by Apex Oil Company in Humphrey, Arkansas.
The supply line, which was connected to a toilet on the
second floor of the building, consisted of a stainless steel
braided hose with a plastic coupling nut on the end. A label
affixed to the supply line included the following statement:
"Leak proof seal-High quality outer braid of stainless
steel and exclusive crimp on fittings for maximum
to Apex's evidence, on or about January 16, 2013, someone
discovered a stream of water coming from the second floor
bathroom of Apex's building. The water caused damage to
the building and to property inside. An investigation into
the cause of the escaping water determined that a plastic
coupling nut on the supply line failed after it fractured at
the intersection of the base of the nut and the threaded
walls. An expert witness retained by Apex averred that the
plastic coupling nut was improperly manufactured because the
plastic contained voids. The expert also opined that
"the fact that voids could be formed during the
manufacturing of plastic coupling nuts was well known in the
industry prior to 2004."
sued Jones Stephens in the district court, alleging state-law
claims based on strict liability, failure to warn, breach of
implied warranty of merchantability, negligence, reckless
negligence, deceptive trade practices, and warranty
district court granted Jones Stephens's motion for
summary judgment and dismissed the complaint.
appeals the district court's dismissal of four claims:
strict liability, negligence, negligent failure to warn, and
deceptive trade practices. As a federal court with
jurisdiction based on diversity of citizenship, we apply the
substantive law of Arkansas to this dispute, and we review
the judgment de novo. See S & A Farms, Inc.
v. Farms.com, Inc., 678 F.3d 949, 954 (8th Cir. 2012).
Summary judgment is warranted where there is no genuine issue
of material fact for trial and the moving party is entitled
to judgment as a matter of law. Fed.R.Civ.P. 56(a).
argues that Jones Stephens is strictly liable because the
"toilet supply line was unreasonably dangerous beyond
the extent which would be contemplated by the ordinary and
reasonable user." Under ...