Arthur Chapman appellate lawyers Jeff Markowitz and Beth Jenson Prouty just secured an 8th Circuit reversal of a $7.75 million jury verdict awarded against a product manufacturer in McDougall v. CRC Indus., Inc. (8th Cir. Feb. 10, 2026).
In the case, the defendant manufactured an aerosol dust-removal product. A third party huffed the product and drove while high, causing an automobile crash that killed the plaintiff’s wife. The jury found the manufacturer liable for the criminal misuse of the product and for the crash, based on a theory that the product was unreasonably dangerous due to a design defect, finding that this “defect” was a cause of the crash.
The 8th Circuit’s reversal follows Minnesota’s precedent on product-liability law. It reaffirms that a jury generally cannot find a product to be unreasonably dangerous due to a design defect without evidence of a feasible, safer alternative design. Only in theoretical “rare cases” where a plaintiff proves the product should be removed from the market altogether could the plaintiff prevail without that evidence. In McDougall, plaintiff did not present evidence of a feasible, safer, alternative design, and he did not present evidence that the duster was so dangerous that it should be removed from the market entirely. So judgment for the manufacturer was required as a matter of law, as the 8th Circuit held.
As McDougall shows, winning on appeal begins at trial. Jeff Markowitz from Arthur Chapman worked as appellate counsel in the trial. He played an active role, advising trial counsel and drafting motions, to ensure that issues were preserved for appeal. Jeff then handled the case on appeal.
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Arthur Chapman’s appellate lawyers are ready to support your defense counsel at trial and to handle your case on appeal. Reach out to Jeff or Beth to discuss how we can partner as appellate counsel on your case at trial or on appeal.
