United States Eighth Circuit

In an action claiming that defendant acted negligently by failing to provide a reasonably safe loading area and by failing to load certain truck beds, summary judgment for defendant is affirmed where: 1) the mere failure to perform under a contract could not support plaintiff's negligence action; and 2) the parking lot's slope was open and obvious as a matter of law, and plaintiff could not recover from defendant on a premises liability theory.

Appellate Information

• Decided 08/02/2010
• Published 08/02/2010

Judges

• James B. Colloton

Court

• United States Eighth Circuit

Counsel