Jonathan Jones v. Duane Livingston Trucking, Inc

United States Court of Appeals
For the Eighth Circuit
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No. 17-2541
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Jonathan Jones; Christopher Maxwell
lllllllllllllllllllllPlaintiffs - Appellants
v.
Duane Livingston Trucking, Inc.
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Texarkana
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Submitted: May 21, 2018
Filed: May 24, 2018
[Published]
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Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Jonathan Jones and Christopher Maxwell appeal after the district court1
adversely granted summary judgment in their diversity action against Duane
Livingston Trucking, Inc.
We conclude that summary judgment was properly granted on appellants’
negligence and outrage claims. See Robinson Nursing and Rehabilitation Center,
LLC v. Phillips, 519 S.W.3d 291, 302 (Ark. 2017) (discussing negligence under
Arkansas law); Kiersey v. Jeffrey, 253 S.W.3d 438, 441 (Ark. 2007) (discussing
outrage under Arkansas law); see also Paine v. Jefferson Nat’l Life Ins. Co., 594 F.3d
989, 992 (8th Cir. 2010) (in diversity action, state law governs issues of substantive
law); Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006) (de novo review of
grant of summary judgment). In addition, we note that appellants did not present any
meaningful legal argument regarding their purported claim for destruction of
property. See Ahlberg v. Chrysler Corp., 481 F.3d 630, 638 (8th Cir. 2007) (points
not meaningfully argued on appeal are waived). Accordingly, we affirm. See 8th Cir.
R. 47B.
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1
The Honorable Susan O. Hickey, United States District Judge for the Western
District of Arkansas.
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