Legal Opinion
Hamilton v. Palm
Court of Appeals for the Eighth Circuit
Decided September 20, 2010No. 09-3676PublishedCited by 240 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Joseph Hamilton filed this diversity negligence action, alleging that he fell and was seriously injured doing roofing work and constructing an addition on property owned by Gregory and Toni Palm in Chesterfield, Missouri. The Palms moved to dismiss, arguing that Hamilton may not recover on his claim as an independent contractor based on the inherently-dangerous-activity theory of landowner liability. Hamilton responded that he was not suing as an independent contractor; the complaint alleged he was “employed” by the Palms and set forth facts showing he was entitled to…
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3Cited by240 opinions
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