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Negligence Claim – Duty of Care

7th Circuit Court of Appeals

Case Name: Nickolas Seekins v. CHEP USA,

Case No.:  20-3270

Officials: KANNE, ROVNER, and WOOD, Circuit Judges.

Focus: Negligence Claim – Duty of Care

Nickolas Seekins lost his left foot as a result of an accident that occurred while he was operating a machine used to lift and transport pallets. Seekins sued CHEP USA and CHEP Recycled Pallet Solutions, LLC (collectively, “CHEP”) in Indiana state court, alleging CHEP was liable for his injuries under a theory of negligence.

After CHEP removed the case to federal court, CHEP and Seekins both moved for summary judgment. Addressing only the duty element of negligence, the district court granted summary judgment to CHEP, holding that CHEP did not owe Seekins a duty of care under Indiana negligence law. We agree with the district court and therefore affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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