ARAGON v. WAL-MART STORES EAST, LP

No. 13-1508.

735 F.3d 807 (2013)

Benny ARAGON, Plaintiff-Appellant v. WAL-MART STORES EAST, LP, doing business as Walmart Distribution Center Number 6077; Pallet Companies, Inc., doing business as IFCO Systems, N.A., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 13, 2013.


Attorney(s) appearing for the Case

Amanda Jo Montee , argued, Russell C. Purvis , on the brief, of Saint Joseph, MO, for Plaintiff-Appellant.

Robbye Toft , argued, of Saint Louis, MO, for Defendants-Appellees.

Before WOLLMAN, SMITH, and KELLY, Circuit Judges.


WOLLMAN, Circuit Judge.

Benny Aragon was injured when pallets fell onto him from a trailer, breaking his leg and ankle. He appeals from the district court's1 entry of summary judgment in favor of Wal-Mart Stores East, LP (Wal-Mart), and Pallet Companies, Inc., doing business as IFCO Systems, N.A. (IFCO), on his negligence claim. We affirm.2

I.

Aragon had been driving commercial motor vehicles...

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