Irene Blair v. United States of America

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0298n.06
Filed: May 28, 2008
Case No. 07-5615
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
IRENE BLAIR,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF KENTUCKY
BEFORE: BATCHELDER, MOORE, and McKEAGUE, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. Plaintiff-Appellant Irene Blair appeals the
district court’s grant of summary judgment in favor of the United States Army Corp of Engineers
(“United States” or “COE”) on her premises liability claims brought pursuant to the Federal Tort
Claims Act (“FTCA”). Blair alleged in her complaint that the United States was liable for injuries
she sustained after she slipped in standing water in the federally-owned parking lot of the Carr Creek
Marina. The district court granted summary judgment in favor of the United States because, under
Kentucky law — the applicable law pursuant to the FTCA — the undisputed facts established that
the standing water was an open-and-obvious hazard as a matter of law, and the COE did not have
a duty to warn Blair of that condition or to protect her from it.
After carefully reviewing the record, the applicable law, the parties' briefs and counsels'

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arguments, we conclude that the district court did not err in its conclusions. As the district court’s
opinions carefully and correctly set out the law governing the issues raised, and clearly articulate the
reasons underlying its decisions, issuance of a full written opinion by this court would serve no
useful purpose. Accordingly, for the reasons stated in the district court’s opinions granting summary
judgment and denying reconsideration, we AFFIRM.

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