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SWEARINGEN v. MOMENTIVE SPECIALTY CHEMICALS, INC.

No. 11-2088.

662 F.3d 969 (2011)

Paul T. SWEARINGEN, Plaintiff-Appellant, v. MOMENTIVE SPECIALTY CHEMICALS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 7, 2011.

Attorney(s) appearing for the Case

Mark W. Damisch (argued), Attorney, Damisch & Damisch, Ltd., Chicago, IL, for Plaintiff-Appellant.

Kara L. McCall (argued), Attorney, Sidley Austin LLP, Chicago, IL, for Defendant-Appellee.

Before FLAUM and MANION, Circuit Judges, and MAGNUS-STINSON, District Judge.

MAGNUS-STINSON, District Judge.

Plaintiff-appellant Paul T. Swearingen fell from the top of his employer's truck while he was attempting to unload chemicals at a facility owed by Defendant-appellee Momentive Specialty Chemicals, Inc.1 This case requires us to apply Illinois law to determine whether the deliberate-encounter exception of the open-and-obvious doctrine applies to Mr. Swearingen's negligence claim against Momentive. The district...

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