Cleek Carol Cleek Plaintiffs - Appellants v. United States Court of Appeals For the Eighth Circuit _ No. The court wrote that in essence, the Plaintiffs’ implied-agreement theory is an attempt to hold Ameristar liable based on the alleged existence of a company snow-and-ice-removal policy, but Missouri courts do not recognize such an exception to the Massachusetts Rule. Thus, because Ameristar took no steps to remove or treat the ice that accumulated where Plaintiff fell, the district court properly found that Ameristar assumed no duty of care.įurther, Plaintiffs point to no Missouri case where a property owner has been found to have assumed a duty by agreement under similar circumstances. Plaintiffs point to no evidence, for example, that the ice on the walkway was an isolated condition unique to Ameristar’s property, rather than the result of weather affecting the entire Kansas City area. There was no dispute that the accumulation was attributable to weather conditions general to the community.

There is no dispute that the patch of ice on which Plaintiff slipped and fell had accumulated naturally on the walkway outside the casino’s entrance. The court found that the district court properly applied the Massachusetts Rule and granted Ameristar’s motion for summary judgment. If you’re looking for a quick getaway on a budget or an all-out luxury weekend, you’ll find just what you’re looking for at Primm Valley Casino Resorts.Plaintiffs appealed the district court’s denial of their motion to remand and adverse grant of summary judgment in this diversity action arising out of a slip-and-fall on Ameristar Casino Kansas City, LLC’s property.

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