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.
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.