United States Eighth Circuit

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FREEMAN v. BUSCH, 02-2650, 02-2734

Summary judgment to defendant college affirmed because plaintiff cannot establish that a Resident Assistant had a legal duty to her under either Restatement sections 314A or 324, thus her claims of negligence against the school, based upon respondeat superior, fail.

Appellate Information

  • Decided 11/17/2003
  • Published 11/17/2003

Judges

  • SMITH, Circuit Judge., Before LOKEN, Chief Judge, SMITH, Circuit Judge, and LIMBAUGH, District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Thomas M. White, argued, Omaha, NE, for appellant.

  • For Appellees:
  • Nathan J. Overberg, argued, Des Moines, IA (Elizabeth G. Kennedy and Steven L. Serck, on the brief), for appellee Simpson College., Jennifer Larson, argued, Des Moines, IA, for appellees.