Harber v. Altec Industries, Inc., 93-1712
| Decision Date | 22 September 1993 |
| Docket Number | No. 93-1712,93-1712 |
| Citation | 5 F.3d 339 |
| Parties | Prod.Liab.Rep.(CCH)P 13,631 Bill Loyd HARBER; Lucinda Earlene Harber, Appellants, v. ALTEC INDUSTRIES, INC., Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Richard Anderson, Kimberling City, MO, argued, for appellants.
Mary Anne Mellow, St. Louis, MO, argued, for appellee.
Before FAGG, BOWMAN, and LOKEN, Circuit Judges.
Bill Loyd Harber bought a used utility truck with an aerial lift bucket from Altec Industries, Inc., a used goods dealer. Altec sold the truck to Harber "as is" and disclaimed all warranties in the sales contract. While Harber was working in the elevated bucket four months after buying the truck, the bucket detached from the truck's derrick arm and fell to the ground, injuring Harber. Harber and his spouse then brought this action alleging Altec was strictly liable for Harber's injuries resulting from the bucket's hidden defect, even though Altec did not design or manufacture the bucket, nor inspect, repair, or modify the equipment before its sale.
Altec moved for summary judgment asserting Altec could not be held strictly liable for the latent product defect under Missouri law. The district court granted Altec's motion. Harber v. Altec Indus., Inc., 812 F.Supp. 954 (W.D.Mo.1993). Because Missouri has not decided whether the doctrine of strict liability applies to a seller of used goods, the district court attempted to predict whether the Missouri Supreme Court would extend the strict liability doctrine to Altec. After reviewing cases from other states and analyzing whether the policy reasons underlying strict liability would be furthered if applied to sellers of used goods like Altec, the district court concluded "the Missouri Supreme Court would not extend strict liability to include ... sellers of used goods who perform no maintenance, modification or repair on the used product and who successfully disclaim all warranties of title." Id. at 965-66.
The Harbers appeal, suggesting we should certify the question to the Missouri Supreme Court. Although a Missouri statute provides we may certify unanswered questions of Missouri law to the Missouri Supreme Court, Mo.Stat.Ann. Sec. 477.004 (Vernon Supp.1993), the Missouri Supreme Court has declined to answer our certified questions, holding the Missouri Constitution did not grant the court original jurisdiction to render opinions on questions of Missouri law certified by ...
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