United States Eighth Circuit

In a personal injury action arising out of a skiing accident, summary judgment for defendant is reversed where: 1) the district court erred in its analysis of whether a witness's statement was made in reaction to a truly startling event, and whether the statement was made under the stress of excitement caused by that event; and 2) there was a genuine issue of material fact as to whether defendant's failure to remove the stump was a proximate cause of plaintiff's accident.

Appellate Information

• Decided 04/13/2010
• Published 04/13/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas J. Conlin, argued, Minneapolis, MN, (Ronald A. Parsons, Jr., Steven M. Johnson, Shannon R. Falon, on the brief, Sioux Falls, SD), for appellant.


• For Appellees:
  
• Cortney G. Sylvester, argued, Minneapolis, MN, (Peter D. Gray, Brian N. Johnson, Gregory A. Bromen, on the brief), for appellee.