-
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 00-3144 ___________ William Thurmond * * Plaintiff-Appellant, * * * Appeal from the United States v. * District Court for the * Eastern District of Missouri * William Wilkenloh and Karen * Wilkenloh, his wife, Individually * [UNPUBLISHED] and as Trustee of the Karen M. * Wilkenloh Revocable Living Trust * * Defendants-Appellees. * ___________ Submitted: April 11, 2001 Filed: October 5, 2001 ___________ Before WOLLMAN AND MURPHY, Circuit Judges, and GOLDBERG,1 Judge. ___________ PER CURIAM. 1 The Honorable Richard W. Goldberg, Judge, United States Court of International Trade, sitting by designation. Plaintiff-appellant, William Thurmond, appeals the district court’s2 order granting defendants-appellees’ Motion for Summary Judgment. Thurmond brought suit against the defendants-appellees claiming they were liable for the injuries he sustained during a fall from the roof of their home while performing roof work. Thurmond was employed at the time of the accident by an independent contractor hired by the defendants-appellees. Subject matter jurisdiction was established by diversity of citizenship. See
28 U.S.C. § 1332(1994). Thurmond claims that the trial court erred by granting summary judgment because a genuine issue of material fact existed as to whether Thurmond was injured as a result of an inherently dangerous activity. We affirm the decision of the district court. After a careful examination of the record, this Court finds that the trial court did not commit error by granting the defendants-appellees’ Motion for Summary Judgment. The trial court correctly determined, as a matter of Missouri law, that the roofing work was not inherently dangerous. See Hatch v. V.P. Fair Foundation, Inc.,
990 S.W.2d 126, 136 (Mo. Ct. App. 1990) (“If . . . the trial court concludes the activity does not involve some peculiar risk of harm, then the activity is not inherently dangerous as a matter of law.”); Hofstetter v. Union Electric Co.,
724 S.W.2d 527, 529-30 (Mo. Ct. App. 1986). Under Eighth Circuit Rule 47B, no further commentary is warranted. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. 2 The Honorable Jean C. Hamilton, Chief Judge, United States District Court for the Eastern District of Missouri. -2-
Document Info
Docket Number: 00-3144
Judges: Wollman, Murphy, Goldberg
Filed Date: 10/5/2001
Precedential Status: Non-Precedential
Modified Date: 11/5/2024