DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081231P.pdf 10/14/2008 Robert Koch v. Southwestern Electric Power Co
U.S. Court of Appeals Case No: 08-1231
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Murphy, Author, with Bowman and Benton, Circuit Judges]
Civil case - torts. Fact that utility did not receive formal notification
required by Arkansas statute regarding festival did not negate utility's
common law duty; applying common law duty analysis, decedents'
accident occurred under unusual circumstances about which defendant
had no notice and was unforeseeable; as a result, defendant had no legal
duty towards plaintiffs' decedents.