United States Eighth Circuit

In a wrongful death case, the district court erred in granting summary judgment to defendant where defendant was in the best position to see that its subcontractor's employee was not injured, and, consequently, it is liable for indemnification under the parties' Joint Use Agreement.

Appellate Information

• Decided 08/06/2004
• Published 08/06/2004

Judges

• ERICKSON, District Judge., Before RILEY and MELLOY, Circuit Judges, and ERICKSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Peter W. Herzog, argued, St. Louis, MO (Gene J. Brockland and Linda M. Blasi, on the brief), for appellant.


• For Appellees:
  
• Stephen B. Higgins, argued, St. Louis, MO (James W. Erwin, Daniel C. Cox, and Suzanne L. Montgomery, on the brief), for appellee.