Frederick H. Bruemmer v. The Clark Equipment Company

HASTINGS, Chief Judge.

Plaintiff Frederick H. Bruemmer, a citizen of Indiana, brought this diversity action against defendant The Clark Equipment Company (defendant), a Michigan corporation, and Brown & Kerr, Incorporated (Brown), an Illinois corporation, for damages sustained when plaintiff fell through a hole in the roof of a building owned by defendant.

The district court granted defendant’s motion for summary judgment, pursuant to Rule 56(c), Federal Rules of Civil Procedure, 28 U.S.C.A., and plaintiff appealed. Subsequently, plaintiff and Brown proceeded to trial where judgment was…