Milford Wendell Posey, Jr. v. Union Carbide Corporation

GEORGE CLIFTON EDWARDS, Jr., Chief Circuit Judge.

This is an appeal from the District Court’s, 510 F.Supp. 1143, grant of summary judgment in a diversity action brought by four minor children who are survivors of the deceased, Milford Posey. Posey was killed when he fell through a roof he was engaged in helping to erect on premises owned by defendant Union Carbide Corporation. Plaintiffs’ brief recites the applicable facts which we treat as undisputed in this appeal from summary judgment:

Defendant, Union Carbide Corporation, contracted with several contractors to construct a graphite furnace…