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Chew v. American Greetings Corp.

United States Court of Appeals, Eighth Circuit

June 12, 2014

Eugene Chew, Jr., Plaintiff
v.
American Greetings Corporation, Defendant - Appellee David Mark Duncan; Nancy Duncan, wife of David Mark Duncan, Plaintiffs - Appellants Daniel Chase Hoskins; Whitney Dale Hoskins, Plaintiffs Eugene Chew, Jr., Plaintiff - Appellant David Mark Duncan; Nancy Duncan, wife of David Mark Duncan, Plaintiffs Daniel Chase Hoskins; Whitney Dale Hoskins, Plaintiffs - Appellants
v.
American Greetings Corporation, Defendant - Appellee

Submitted January 13, 2014

Page 633

Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro.

For David Mark Duncan, Nancy Duncan, wife of David Mark Duncan, Plaintiffs - Appellants (13-1751): Brian Gene Brooks, Greenbrier, AR; Austin Hayes Easley, John Irving Houseal III, Easley & Houseal, Forrest City, AR; Gary K. Smith, Gary K. Smith Law, Pllc, Memphis, TN.

For American Greetings Corporation, Defendant - Appellee (13-1751): Emmett B. Chiles, Steven W. Quattlebaum, Robert Ryan Younger, Quattlebaum & Grooms, Little Rock, AR.

For Eugene Chew, Jr., Daniel Chase Hoskins, Whitney Dale Hoskins, Plaintiffs - Appellants (13-1966): Geoffrey G. Gaia, Wolff & Ardis, Memphis, TN.

For American Greetings Corporation, Defendant - Appellee (13-1966): Emmett B. Chiles, Steven W. Quattlebaum, Robert Ryan Younger, Quattlebaum & Grooms, Little Rock, AR.

Before WOLLMAN and SHEPHERD, Circuit Judges, and WEBBER,[1] District Judge.

OPINION

Page 634

SHEPHERD, Circuit Judge.

David Duncan, Eugene Chew, and Daniel Hoskins (the plaintiffs), employees of Osceola Municipal Light & Power (OMLP), brought a negligence suit against American Greetings Corporation. The district court[2] granted American Greetings's motion for summary judgment, and the plaintiffs appealed. We affirm.

I.

On September 23, 2009, an American Greetings employee noticed that a stinger[3] outside American Greetings's Osceola, Arkansas facility was loose and notified the facility's maintenance supervisor of the problem. American Greetings's maintenance supervisor notified Billy Griffin, OMLP's electrical manager. Griffin then called David Duncan and directed Duncan and his crew to meet him at the American Greetings facility. When Duncan and his crew arrived, they were met by Griffin and Lance Collins, who was American Greetings's maintenance manager and was also a trained electrician. Griffin and Collins were discussing why American Greetings's plant had not lost power because of the loose stinger.

Griffin instructed Duncan to retrieve a voltmeter from his truck so the crew could read the transformer's voltage. Griffin returned with a voltmeter that had a safety rating of only 1,000 volts. When Griffin approached the transformer, the transformer's ...


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