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VARGO-SCHAPER v. WEYERHAEUSER CO.

No. 09-3125.

619 F.3d 845 (2010)

Betty VARGO-SCHAPER, individually and, as Trustee for the Heirs of Mitchell E. Schaper, Deceased, Plaintiff-Appellant, v. WEYERHAEUSER COMPANY, Defendant and Third Party Plaintiff-Appellee, v. Fil-Mor Express, Inc., Third Party Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2010.

Attorney(s) appearing for the Case

Kenneth N. Potts , argued, Minnetonka, MN, for appellant.

William Lawrence Davidson , argued, Brian A. Wood , on the brief, Minneapolis, MN, for appellee.

Before BYE, MELLOY, and SHEPHERD, Circuit Judges.

BYE, Circuit Judge.

Betty Vargo-Schaper appeals the district court's1 grant of summary judgment in favor of Weyerhaeuser Company ("Weyerhaeuser"), on Vargo-Schaper's negligence claim. Vargo-Schaper contends there was sufficient evidence of negligence to submit the case to a jury. We affirm the district court's grant of summary judgment in favor of Weyerhaeuser.

I

Mitchell Schaper was a truck driver for Fil-Mor Express...

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