issue quickly my time eating out already on the stomach judgment motion again in twenty one years the st time i've ever asked a tort products liability case on summary judgment and i wonder for their owners on the missouri that whether a product is defective is measured at the time the product leaves the possession and control of the manufacture as true both in strict liability and in negligence in the st page of a summary judgment breaking the plaintiff cites the strong case for the elements of a products liability claim in missouri they're the same elements that are used in the missouri approved instruction twenty five dollars that judge chase focused on deliberating summary judgment and of all the focus is on the condition of the product when sold by the manufacture the product was it was then in a defective condition the planet was damaged as a direct result of th defective condition as existed when the product was sold the product was put to a reasonably anticipated use which of course did not apply in this case because for men or did not include a bird wench and did not expect the shippers one with a chip with a winch and one without a wedge and there are different they have different bow materials they have different assembly instructions and the machine with a winch has a lot of more hardware on it because it has to accommodate the stresses and the weights on the masses that are handled by the which are near didn't make any packages any winch kids didn't issue any assembly instructions at all and didn't have any aftermarket alteration is a defense to strict liability jones vs robey from this court in one thousand nine hundred and four where safety devices were removed from a printing press judgement as a matter of law fund gomez versus clarke equipment company where someone added i think it's most applicable case someone added a larger l p g tank on out walk left after it sailed by clark so that you can't see backwards anymore and somebody got it on the forklift was going in undisputed that vermeer did not design manufacture or sell a winch system to be added to a chip or the availability of replacement parts does not make a manufacturer responsible or a post  ritually all involved with component parts that the manufacturer intended be on the product such as the ford motor fuel tank or the windscreen bracket on the  far as to say that a manufacturer that supplies component or replacement parts can be liable for modifications made by those parts if i could ruefully address the jurisdiction argument i think your honor is correct that it's a judgment that what matters in a court specifically applied the caterpillar doctrine in the junk case and in the book phase case where summary judgment had been to the state court to deal with the claim against the pesticide applicator but the summary judgment stood in ju way as judge hayes concluded that that's a closed conclusory statement that was not supported by facts and we continue to believe that that all of the facts in this case that's just  i contend and submit that the court did have jurisdiction that judge hayes carefully considered the summary judgment arguments of your read her if you read the transcript of the hearing  sets forth in detail all of the considerations and all of the issues addressed by the plaintiff in his brief in we submit that summary judgment should stand there's also an issue on the motion for remain on and that's an abuse of discretion standard and the dealing in oklahoma which would be an ironic claim given for mayor specific prohibition against of modifying its equipment that it controlled the dealer to install equipment that was prohibited basically run the dealership until they could get the dealership in oklahoma to a different company which was permitted great plains so the asset purchases not only for moore oklahoma to earlier but from the company that repossessed to identify that it must have proactively helped this oklahoma of a media figure out how to order this way there's no way that the oklahoma dealer without knowing the part numbers can order