Michael Wayne Priddy v. CITY OF MURRAY, FREED CURD, and JERRY WAYNE WALKER

04-5602Court of Appeals for the Sixth CircuitMay 11, 2005

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 05a0387n.06
Filed: May 11, 2005
04-5602
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
MICHAEL WAYNE PRIDDY,
Plaintiff-Appellant,
v.
CITY OF MURRAY, FREED CURD, and
JERRY WAYNE WALKER,
Defendants-Appellees.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF KENTUCKY
Before: GUY, DAUGHTREY, and GIBBONS, Circuit Judges.
PER CURIAM. The plaintiff, Michael Priddy, appeals from the district court’s order
granting summary judgment to the defendants in this diversity negligence action that
resulted from a tragic fire in a Murray State University dormitory in September 1998,
causing one student’s death and serious injury to the plaintiff. Priddy claimed that the city
was negligent because it failed to conduct an adequate investigation of the cause of an
earlier fire in the same dormitory, breached a special duty owed to the plaintiff that was
created by a contractual relationship between the City and the University, and failed to
provide proper rescue services on the night of the second fire, when Priddy was injured.
The district court granted summary judgment to the City of Murray, finding that the City was
immune on some claims and that others simply had not been made out as a matter of law.

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04-5602
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Having had the benefit of oral argument, and having studied the record on appeal
and the briefs of the parties, we are not persuaded that the district court erred in dismissing
the complaint. Because the reasons why judgment should be entered for the defendants
have been fully articulated by the district court, the issuance of a detailed opinion by this
court would be duplicative and would serve no useful purpose. Accordingly, we AFFIRM
the judgment of the district court upon the reasoning set out by that court in its
memorandum opinion dated November 20, 2003.

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