DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041118U.pdf   02/15/2005  Sheila A. Carter  v.  United States
   U.S. Court of Appeals Case No:  04-1118
   Western District of Missouri   
   [UNPUBLISHED] [Bye, Author, with Wollman and R. Arnold, Circuit 
   Judges] 
   Civil case - Federal Tort Claims Act. In this slip and fall case, 
   plaintiff's complaint failed to state a claim because it alleged the U.S. 
   failed to use ordinary care to remove ice from sidewalk and failed to warn 
   of the existence of ice or moisture on the sidewalk, and Missouri law only 
   imposes a duty on an abutting property owner who artificially creates a 
   dangerous condition through affirmative acts rather than through failure 
   to act; however, the district court erred in refusing to permit plaintiff to 
   amend her complaint to plead affirmative conduct by the U.S. which 
   made the sidewalk more dangerous. Case remanded for further 
   proceedings.