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REIMER v. CITY OF CROOKSTON

No. 02-1554.

326 F.3d 957 (2003)

Robert REIMER, Susan Reimer, individually and as husband and wife, Plaintiffs-Appellants, v. CITY OF CROOKSTON, Crookston Public School District # 593, Johnson Controls, Inc., KRISS Premium Products, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 10, 2003.

Attorney(s) appearing for the Case

Keith M. Queensen, argued, Minneapolis, MN (Paula M. Jossart, on the brief), for appellant.

Julian C. Janes, argued, Edina, MN (James T. Martin, on the brief), for appellee KRISS Premium Products, Inc.

Scott R. Drury, argued, Chicago, IL (Michael S. Ryan, St. Paul, MN, on the brief), for appellee Johnson Controls, Inc.

John E. Hennen, argued, St. Paul, MN, for appellee City of Crookston.

Michael T. Rengel, argued, Fergus Falls, MN (Kent D. Mattson, on the brief), for appellee Crookston Public School District No. 593.

Before LOKEN, Chief Judge, BEAM, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

In March, 1998, Robert Reimer was severely burned while examining a low-pressure boiler used to heat a swimming pool owned by the Crookston Public School District ("School District") and jointly operated with the City of Crookston ("City"). At the time of the accident, Mr. Reimer was an employee of Gibb & Sons, Inc., a boiler repair company. In this diversity action, Mr. Reimer and his wife sought damages based on the alleged negligence...

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