DUNN v. BROWN & ROOT, INC.

No. 71-1060.

455 F.2d 717 (1972)

Thomas DUNN, Individually and as Next Friend of Billy Edward Dunn, a Minor, Appellee, v. BROWN & ROOT, INC., Appellant, Insurance Company of North America, Intervenor.

United States Court of Appeals, Eighth Circuit.

February 17, 1972.


Attorney(s) appearing for the Case

John O. Moore, Texarkana, Ark., for appellant.

LeRoy Autrey, Texarkana, Ark., for appellee.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, Senior District Judge.


HEANEY, Circuit Judge.

The question we must answer in this diversity case is whether, under Arkansas law, a contractor is liable for the injuries suffered by a subcontractor's employee, when it is alleged that the proximate cause of the injury was the prime contractor's negligent failure to perform its duties under the contract.

The jury returned a verdict in favor of the plaintiff for injuries received during the course of his employment with Stebbins Engineering...

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