Swearingen v. Momentive Specialty Chemicals, Inc.

MAGNUS-STINSON, District Judge.

Plaintiff-appellant Paul T. Swearingen fell from the top of his employer’s truck while he was attempting to unload chemicals at a facility owed by Defendant-appellee Momentive Specialty Chemicals, Inc. 1 This case requires us to apply Illinois law to determine whether the deliberate-encounter exception of the open-and-obvious doctrine applies to Mr. Swearingen’s negligence claim against Momentive. The district court found the deliberate-encounter exception inapplicable and granted summary judgment in favor of Momentive because Momentive did not owe Mr.…