United States Fourth Circuit

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Hoschar v. Appalachian Power Company, 12-2482

In an action seeking damages for an infectious lung disease called histoplasmosis that plaintiff allegedly contracted while working as a boilermaker at one of defendant's coal-fired power plants, the district court's denial of plaintiffs' motion to remand and grant of summary judgment to defendant are affirmed, where: 1) because the record amply demonstrates that the location where defendant's officers direct, control, and coordinate defendant's activities is Columbus, Ohio, defendant has carried its burden of establishing federal subject matter jurisdiction; and 2) with respect to defendant's motion for summary judgment, defendant did not have actual or constructive knowledge of a potential histoplasmosis risk, and therefore, defendant did not owe plaintiff a duty to guard against it.

Appellate Information

  • Decided 01/07/2014
  • Published 01/07/2014

Judges

  • THACKER

Court

  • United States Fourth Circuit

Counsel