United States First Circuit

Grant of summary judgment for airline defendant in a negligence action is affirmed where preserving diversity jurisdiction via dismissal of a dispensable party was proper, and plaintiff failed to establish that defendant had a duty to warn or otherwise protect him from an open and obvious danger.

Appellate Information

• Decided 12/07/2005
• Published 12/07/2005

Judges

• RESTANI, Judge., Before LIPEZ and HOWARD, Circuit Judges, and RESTANI, Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Frank J. Riccio, for appellant.


• For Appellees:
  
• Richard P. Campbell with whom Kathleen M. Guilfoyle and Campbell Campbell Edwards & Conroy, PC., were on brief, for appellee U.S. Airways, Inc., William J. Flanagan with whom Morrison Mahoney LLP were on brief, for appellee F.F. Santarpio.