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HUGGINS v. FEDEX GROUND PACKAGE SYSTEM, INC.

No. 09-3144.

592 F.3d 853 (2010)

Walter HUGGINS, Appellant, v. FEDEX GROUND PACKAGE SYSTEM, INC.; Teton Transportation, Inc.; Swanston Equipment Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 19, 2010.

Attorney(s) appearing for the Case

Daniel B. Mathis, Kelly J. Curnutt, Arlington, TX, Michelle M. Funkenbusch, St. Louis, MO, argued, for appellant.

Joseph R. Swift, John S. McCollough, Melissa R. Null, Thomas M. Ward, John G. Enright, St. Louis, MO, argued, for appellees.

Before GRUENDER, ARNOLD, and BENTON, Circuit Judges.

ARNOLD, Circuit Judge.

Esteban Gutierrez was driving a tractor-trailer bearing the insignia of FedEx Ground Package System, while Walter Huggins slept in the back of the truck; Mr. Huggins was injured when Mr. Gutierrez collided with the tractor-trailer in front of him, which Tony Johnston, an employee of Teton Transportation, was driving. Shortly before the collision, as he topped a hill, Mr. Johnston saw a Swanston Equipment pickup truck traveling slowly down the...

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