Frank L. Bryan v. on Appeal From the United States District Court for the Jacobson Distribution Co.,…

06-4466United States Court Of Appeals For The 6th Circuit4 ott 2007

Testo completo

NOT RECOMMENDED FOR PUBLICATION
File Name: 07a0719n.06
Filed: October 4, 2007
No. 06-4466
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FRANK L. BRYAN,
Plaintiff-Appellant,
v. ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
JACOBSON DISTRIBUTION CO., SOUTHERN DISTRICT OF OHIO
AT COLUMBUS
Defendant-Appellee,
/
BEFORE: BATCHELDER and GILMAN, Circuit Judges; and STAFFORD, District
Judge.*
PER CURIAM. The plaintiff-appellant, Frank L. Bryan (“Bryan”), appeals the district
court’s entry of summary judgment for the defendant-appellee, Jacobson Distribution Company
(“Jacobson”), in this diversity action alleging an intentional tort arising from a work place injury.
We AFFIRM.
Bryan was injured when he lost his footing while walking on the rail of a picker lift. To
avoid falling from the picker lift, Bryan reached out to grab the racking system and, in the
process, slammed his fourth finger into the rack, causing a severe and permanent dislocation of
that finger. Bryan alleged that his injury was caused by a broken safety belt. The district court
* The Honorable William H. Stafford, Jr., United States District Judge for the Northern

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District of Florida, sitting by designation.
entered summary judgment for Jacobson, finding that Bryan adduced no evidence to suggest a
nexus between his injury and the broken belt. Indeed, the uncontroverted evidence established
that the broken safety belt did not cause Bryan’s injury, nor would an unbroken belt have
prevented his injury.
After carefully reviewing the record, the applicable law, and the parties’ briefs, we are
convinced that the district court did not err in entering summary judgment in Jacobson’s favor.
Because the district court thoroughly described the evidence presented by the parties, carefully
and correctly set out the law governing the issues raised, and clearly articulated the reasons
underlying its decision, it would serve no useful purpose for this court to issue a full written
opinion. Accordingly, we AFFIRM for the reasons stated in the district court’s opinion and
order.

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