Stewart, Jr. v. Nucor Corp., No. 15-3597 (8th Cir. 2016)
Annotate this CasePlaintiff filed a negligence action against Nucor after sustaining injuries while working at Nucor's steel mill. The district court granted summary judgment to Nucor, finding that the third-party waiver's (TPW) language and the circumstances of its execution met the standard for enforcement of exculpatory contracts under Arkansas law and that the agreement was not unconscionable. The court agreed with the district court that the TPW was enforceable where the parties stipulated that plaintiff had the opportunity to read the TPW, that he did not ask the trainer any questions concerning the meaning of the TPW, and that he had the ability to read and understand the contract. The court also concluded that the contract provision at issue is not unconscionable where there is no evidence rebutting Nucor's affidavit showing the availability of other work in the region at that time, plaintiff had the opportunity to read and understand the TPW, and there is no evidence of fraud, duress, misrepresentation, or any other inequitable conduct on the part of Vesuvius or Nucor. Accordingly, the court affirmed the judgment.
Court Description: Beam, Author, with Wollman and Murphy, Circuit Judges] Civil case - Negligence. The district court did not err in determining plaintiff entered into a valid contract waiving any claims against the employer's clients which could be claimed through Arkansas's Workers' Compensation program; the contract provision was not unconscionable and there was no evidence of fraud, duress, misrepresentation or other inequitable conduct. [ July 14, 2016
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