Jonathan Jones v. Duane Livingston Trucking, Inc

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 24, 2018
• Docket: 17-2541
• Status: Published

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-2541 ___________________________

Jonathan Jones; Christopher Maxwell

lllllllllllllllllllllPlaintiffs - Appellants

v.

Duane Livingston Trucking, Inc.

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Western District of Arkansas - Texarkana ____________

Submitted: May 21, 2018 Filed: May 24, 2018 [Published] ____________

Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges. ____________

PER CURIAM. Jonathan Jones and Christopher Maxwell appeal after the district court1 adversely granted summary judgment in their diversity action against Duane Livingston Trucking, Inc.

We conclude that summary judgment was properly granted on appellants’ negligence and outrage claims. See Robinson Nursing and Rehabilitation Center, LLC v. Phillips, 519 S.W.3d 291, 302 (Ark. 2017) (discussing negligence under Arkansas law); Kiersey v. Jeffrey, 253 S.W.3d 438, 441 (Ark. 2007) (discussing outrage under Arkansas law); see also Paine v. Jefferson Nat’l Life Ins. Co., 594 F.3d 989, 992 (8th Cir. 2010) (in diversity action, state law governs issues of substantive law); Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006) (de novo review of grant of summary judgment). In addition, we note that appellants did not present any meaningful legal argument regarding their purported claim for destruction of property. See Ahlberg v. Chrysler Corp., 481 F.3d 630, 638 (8th Cir. 2007) (points not meaningfully argued on appeal are waived). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas.

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