United States Eighth Circuit

In a personal injury action based on plaintiff's fall in defendant's parking lot, judgment as a matter of law for defendant is affirmed where, because the Missouri Supreme Court held that the defendant's method of marketing was the more important factor in determining whether the defendant knew, or by using ordinary care should have known, of the dangerous condition, and plaintiff offered no evidence on this factor, plaintiff failed to satisfy this element of premises liability.

Appellate Information

• Decided 04/26/2010
• Published 04/26/2010

Judges

• RILEY, Chief Judge., Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John W. Stapleton, Jr., argued, Kansas City, MO, for appellants.


• For Appellees:
  
• Todd Michael Johnson, argued, Kansas City, MO (Robert P. Numrich, on the brief), for appellee.