United States Eighth Circuit

In a suit arising from injuries sustained while using a particular pry bar, summary judgment dismissing plaintiff's failure-to-warn claims based on theories of negligence and strict liability is affirmed where plaintiff assumed the risk of his injury as he understood and appreciated the specific risk that hammering on the pry bar might cause chipping that could injure the eyes, and knew he should wear safety goggles to protect his eyes, but voluntarily chose to disregard this risk and remove his safety goggles.

Appellate Information

• Decided 12/04/2006
• Published 12/04/2006

Judges

• COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Rodney Kevin O'Donnell, argued (James R. Korth, on the brief), for appellant.


• For Appellees:
  
• James W. Ellison, argued, Gering, NE, for appellees.