Nanette Gross, et al v. Baltimore Aircoil Company,, No. 16-60646 (5th Cir. 2017)

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Case: 16-60646 Document: 00514044910 Page: 1 Date Filed: 06/22/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 16-60646 June 22, 2017 Lyle W. Cayce Clerk NANETTE GROSS, Individually and as representative of Terry Gross, deceased; DIANE HORTON, Individually and as Administratrix of the Estate of Bobby Horton, deceased; KEVIN HORTON, Plaintiffs - Appellants v. NCH CORPORATION, Defendant - Appellee Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:13-CV-423 Before DAVIS, JONES, and SOUTHWICK, Circuit Judges. PER CURIAM:* This tragic case arises from an early-2010 outbreak of Legionnaire’s disease at the Hotel Chester in Starkville, Mississippi. Four of the five plaintiffs contracted the disease from the hotel’s cooling system, and the plaintiffs allege that the fifth plaintiff did as well. Two of the plaintiffs died, and another became severely sick. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 16-60646 Document: 00514044910 Page: 2 Date Filed: 06/22/2017 No. 16-60646 The plaintiffs sued multiple parties for negligence. All but NCH Corporation, which had provided water treatment for the hotel since 2004, were later dismissed. NCH then moved for both summary judgment and to strike the plaintiffs’ experts. In a well-reasoned order, the district court granted NCH’s motions and dismissed the plaintiffs’ claims with prejudice. For essentially the same reasons given by the district court, we AFFIRM. 2

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