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093125P.pdf   08/09/2010  Betty Vargo-Schaper  v.  Weyerhaeuser Company
   U.S. Court of Appeals Case No:  09-3125
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Bye, Author, with Melloy and Shepherd, Circuit Judges] Civil case - torts. While defendant owed plaintiff's decedent a duty of care to prevent latent loading defects, it did not have a duty to prevent or correct any open or obvious loading defect in the tractor trailer; here, the district court did not err in concluding there was no latent defect due to crowning of the bundles because any defect would have been visible on inspection; district court did not err in rejecting plaintiff's argument to invoke the doctrine of res ipsa loquitur because the record showed the load was not under defendant's exclusive control and there were other possible causes for the accident which were not reasonably excluded by the evidence.