United States Eighth Circuit

In a wrongful death action based on an industrial accident, summary judgment for defendant is affirmed where: 1) defendant did not have a duty to prevent or correct any open or obvious loading defect; 2) no reasonable jury could conclude the loading defect was latent and not discoverable by the decedent upon inspection; and 3) there was no evidence that the decedent himself did not contribute to his injuries through the driving of his truck.

Appellate Information

• Decided 08/09/2010
• Published 08/09/2010

Judges

• Kermit M. Bye

Court

• United States Eighth Circuit

Counsel