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HIMES v. U.S.

No. 10-5114.

645 F.3d 771 (2011)

Josh HIMES; Mary Himes, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2011.

Attorney(s) appearing for the Case

ARGUED: James T. Gilbert , Coy, Gilbert & Gilbert, Richmond, Kentucky, for Appellant. Dell W. Littrell , Assistant United States Attorney, Lexington, Kentucky, for Appellee. ON BRIEF: James T. Gilbert , Coy, Gilbert & Gilbert, Richmond, Kentucky, for Appellant. Dell W. Littrell , Charles P. Wisdom Jr. , Assistant United States Attorneys, Lexington, Kentucky, for Appellee.

Before: COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Plaintiff Josh Himes was injured while mowing grass at an Army base when a deteriorating steam pipe fell from its place, striking him in the head. Himes and his wife sued the United States for these injuries. The district court granted summary judgment to the United States on the grounds that under the Kentucky Workers' Compensation Law, the United States was an "up-the-ladder" contractor, or statutory employer, and thus...

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