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MALDONADO THROUGH OCHOA v. CITY OF SIBLEY

No. 21-3096.

58 F.4th 1017 (2023)

Victor Barrios MALDONADO, THROUGH his Guardian, Lidia Marina Mazariegos OCHOA; Lidia Marina Mazariegos Ochoa, individually as wife to Victor Barrios Maldonado, Plaintiffs-Appellants v. CITY OF SIBLEY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 26, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Thomas J. Conlin , of Minneapolis, MN. The following attorney(s) appeared on the appellant brief; Taylor Brandt Cunningham , of Minneapolis, MN., Stacy Deery Stennes , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Douglas L. Phillips , of Sioux City, IA. The following attorney(s) appeared on the appellee brief; Zachary David Clausen , of Sioux City, IA.

Before COLLOTON, KELLY, and KOBES, Circuit Judges.

Victor Maldonado was electrocuted by a powerline owned and operated by the City of Sibley, Iowa. Maldonado and his wife Lidia Ochoa sued the City, in relevant part, for negligence and negligence per se. Ochoa also brought a loss of consortium claim. The district court granted summary judgment. We reverse the district court...

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