United States Eighth Circuit

In a suit for negligence and loss of consortium arising when, after an ice storm, plaintiff-husband was injured by a slip and fall at defendant's facility in North Carolina, summary judgment for defendant is affirmed where: 1) the district court properly applied North Carolina law; and 2) the district court correctly concluded that defendant had no duty to warn plaintiff of the open and obvious hazard of which he was at least equally aware.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

• BENTON, Circuit Judge., Before MELLOY, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Keith C. Lamb, argued, Mitchell L. Burgess, on the brief, Kansas City, MO, for appellant.


• For Appellees:
  
• Lee M. Baty, argued, Theresa A. Otto, Molly B. Westering, on the brief, Kansas City, MO, for appellee.