United States Eighth Circuit

Dismissal of defendant's indemnification action via summary judgment is reversed where: 1) the district court was permitted to, and did effectively, enter adverse summary judgment sua sponte when it denied defendant's motion for summary judgment; 2) it would be improper at this point to allow defendant to alter its posture as to choice of law when it invited the district court to apply Missouri law; and 3) the court improperly granted summary judgment in favor of third-party defendant on the ground that it did not owe a duty to the plaintiff coextensive and identical to the duty defendant owed to the plaintiff.

Appellate Information

• Decided 08/17/2009
• Published 08/17/2009

Judges

• SHEPHERD, Circuit Judge., Before GRUENDER, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles Henry Stitt, I, argued, Leland M. Shurin, on the brief, Kansas City, Mo, for appellant.


• For Appellees:
  
• William Francis Logan, argued, Scott David Hofer, on the brief, Kansas City, Mo, for appellee.