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BEARDSLEY v. FARMLAND CO-OP, INC.

No. 06-8062.

530 F.3d 1309 (2008)

Julie BEARDSLEY, Plaintiff-Appellant, v. FARMLAND CO-OP, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 11, 2008.

Attorney(s) appearing for the Case

Terry M. Anderson (Steven M. Lathrop with him on the briefs), Hauptman, O'Brien, Wolf & Lathrop, P.C., Omaha, NE, for Plaintiff-Appellant.

Gary R. Scott (Amanda M. Gundlach with him on the briefs), Hirst Applegate, P.C., Cheyenne, WY, for Defendant-Appellee.

Before LUCERO, EBEL and HOLMES, Circuit Judges.

EBEL, Circuit Judge.

On the night of December 26, 2001, Plaintiff-Appellant Julie Beardsley accompanied her husband, Brian Dick, the driver of a tanker truck owned and operated by Defendant-Appellee Farmland Co-Op, Inc. ("Farmland"). After midnight that evening, Dick lost control of the truck and it rolled over. Both Beardsley and Dick suffered severe injuries. Beardsley brought a personal injury action against Farmland, claiming that Farmland was vicariously liable...

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