145 F.3d 1325 (4th Cir. 1998), 97-1893, Price v. Federal Paper Bd. Co.

Docket Nº:97-1893.
Citation:145 F.3d 1325
Party Name:Reed PRICE; Barbara Price, Plaintiffs-Appellants,and CAROLINA CRANE CORPORATION, Plaintiff, v. FEDERAL PAPER BOARD COMPANY, INCORPORATED; BE & K, Incorporated, Defendants-Appellees.
Case Date:May 07, 1998
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 1325

145 F.3d 1325 (4th Cir. 1998)

Reed PRICE; Barbara Price, Plaintiffs-Appellants,and

CAROLINA CRANE CORPORATION, Plaintiff,

v.

FEDERAL PAPER BOARD COMPANY, INCORPORATED; BE & K, Incorporated, Defendants-Appellees.

No. 97-1893.

United States Court of Appeals, Fourth Circuit

May 7, 1998

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Argued April 8, 1998.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, District Judge. (CA-96-25)

ARGUED: John Alan Jones, MICHAELS, JONES, MARTIN, PARRIS & TESSNER LAW OFFICE, P.A., Raleigh, North Carolina, for Appellants.

Bruce Danforth Morton, HEDRICK & BLACKWELL, L.L.P., Wilmington, North Carolina, for Appellee Federal Paper Board.

Walter Edgar Brock, Jr., YOUNG, MOORE & HENDERSON, P.A., Raleigh, North Carolina, for Appellee BE & K.

ON BRIEF: Monique Peebles, MICHAELS, JONES, MARTIN, PARRIS & TESSNER LAW OFFICE, P.A., Raleigh, North Carolina, for Appellants.

Jay P. Tobin, YOUNG, MOORE & HENDERSON, P.A., Raleigh, North Carolina, for Appellee BE & K.

Before WILLIAMS, Circuit Judge, PHILLIPS, Senior Circuit Judge, and G. ROSS ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

OPINION

PER CURIAM

Reed Price, a crane operator, sustained serious physical injuries when he inhaled toxic chlorine dioxide fumes while doing construction work at a paper mill owned by Federal Paper Board Company in Riegelwood, North Carolina. Federal Paper had contracted with BE & K, Inc. to renovate and maintain the Riegelwood plant. At the time of the accident, Price was employed by Carolina Crane Corporation, a subcontractor hired by BE & K. Price brought a premises liability suit against both Federal Paper and BE & K in which he alleged that defendants had failed to maintain the premises in a reasonably safe condition and to warn Price of hidden dangers and unsafe conditions that defendants knew or should have known to exist. Price's wife also brought a derivative loss of consortium claim.

Both defendants moved for summary judgment. By order dated April 3, 1996, the district court granted BE & K's motion, concluding "that the...

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