173789P.pdf   02/26/2019  Benjamin William Vandewarker  v.  Continental Resources, Inc.
   U.S. Court of Appeals Case No:  17-3789
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Shepherd, Author, with Colloton and Stras, Circuit Judges] 
   Civil case - Personal injury. The contract between plaintiff's employer 
   and defendant expressly place the burden of safety on the employer and 
   defendant did not retain or exercise control over the work performed such 
   as to create a duty to the employee; plaintiff's amended complaints, filed 
   after the parties briefed summary judgment, stated no new issues and the 
   district court did not err in finding that defendant's failure to answer 
   them - after it had answered the first complaint - did not constitute an 
   admission of all of the allegations of the amended complaints; argument 
   raised for the first time on appeal would not be considered.