Opinion

George v. SI Group

Court
Court of Appeals for the Fifth Circuit
Filed
Jul 9, 2026
Status
Unpublished
Nature of suit
Private Civil Diversity
Cited by
0 cases
Authority
More cited than 41.8%

The opinion

Case: 25-40286 Document: 95-1 Page: 1 Date Filed: 07/09/2026

United States Court of Appeals

for the Fifth Circuit

____________

United States Court of Appeals

Fifth Circuit

No. 25-40286

____________ FILED

July 9, 2026

James George, Lyle W. Cayce

Clerk

Plaintiff—Appellant,

versus

SI Group, Incorporated, doing business as Schenectady

International, Incorporated; Brenner Tank Services,

L.L.C.; Bulk Solutions, L.L.C.,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 3:16-CV-360

______________________________

Before Haynes, Higginson, and Ho, Circuit Judges.

Per Curiam: *

This case arises out of an accident that resulted in severe burns to

James George when a tanker trailer full of scalding water tipped over and

poured water into the cab of the truck in which George had been sitting.

George brought claims against SI Group, Inc. (“SI Group”), the owner of

the premises on which the accident occurred; Bulk Solutions, L.L.C.

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

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No. 25-40286

(“Bulk”), the distributor of the trailer; and Brenner Tank Services, L.L.C.

(“Brenner”), one of the designers of the trailer. The district court granted

summary judgment in favor of each of these defendants. Finding no error, we

AFFIRM. 1

I. Background

In August 2016, an employee of Veolia, James George suffered severe

burns over much of his body resulting from a hot water tanker trailer tipping

over and spilling water into the cab of the truck in which he was sitting. SI

Group had hired Veolia to perform a hot water wash on one of SI Group’s

chemical tanks. This process required the use of several trailers full of hot

water, referred to as tanker trailers, and one vacuum truck. To perform the

hot water wash, Veolia would pump hot water out of a tanker trailer, spray it

into the storage tank, test the water, then pump the contaminated water back

out with a vacuum truck. Eventually the vacuum truck would fill with water

and need to be emptied, and the empty tanker trailer would need to be

refilled.

On the day of the accident, George and the other Veolia workers went

to the SI Group permit shack to receive their permit. Reginald “TK” Hall,

an SI Group employee, issued the permit, which covered the scope of the

job. While walking the jobsite before the permit was issued, SI Group

employees directed Veolia contractors to park the tanker trailer and vacuum

truck in the staging area. SI Group maintains that the scope of Veolia’s work

did not require it to disconnect any tanker trailers from the tractor that pulled

them anywhere other than the paved refilling area where it swapped out the

tanker trailers.

_____________________

1

Judge Higginson concurs in the judgment only.

2

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Prior to the accident, the tanker trailer next to the vacuum truck ran

out of water, and Veolia employees switched out the empty trailer for a full

one. After an air bag in the tractor pulling the tanker trailer blew while backing

in with the new hot water trailer, Joe Armstrong, the Veolia employee driving

the tractor, and Michael Munoz, another Veolia employee, called a

supervisor, who told them to disconnect the tractor from the tanker trailer

and wait for the mechanic. George helped Armstrong disconnect hoses from

the tanker trailer and climbed into the passenger seat of the vacuum truck,

which had the windows open, to wait while Armstrong moved the tractor.

The Veolia crew left the tanker trailer on the gravel on its landing gear a few

feet from the vacuum truck in which George was sitting, without putting

down any mats under the landing gear or closing the hatch on top of the

trailer, which was full of 200-degree water. The tanker trailer at issue was

manufactured by Bulk Tank International (“BTI”), a Mexican corporation,

designed in part by Brenner, and distributed by Bulk.

Within minutes of the tanker trailer being set down, one of the legs of

its landing gear sank into the gravel and the trailer tipped over, dumping

scalding water through the open window of the vacuum truck. George

jumped out of the window and was taken to the safety shower and then to the

hospital.

After the accident, George sued several companies in state court, and

SI Group removed the lawsuit to federal court based on diversity

jurisdiction. George brought a premises-liability claim against SI Group and

products-liability claims against Bulk, BTI, and Brenner. 2 The district court

_____________________

2

George also brought a products-liability claim against Evergreen Tank, the owner

of the tanker trailer who leased it to SI Group, which was dismissed by the district court

and affirmed by our court on the basis that it was immunized as a non-manufacturing seller

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initially dismissed George’s claims against Bulk, BTI, 3 and Brenner, and it

granted SI Group’s motion for summary judgment. George appealed. In

2022, our court reversed the district court’s dismissal of the claims against

Bulk, BTI, and Brenner. George v. SI Grp., Inc., 36 F.4th 611, 623–24 (5th

Cir. 2022). It also reversed the grant of summary judgment for SI Group,

which had been based on the application of Chapter 95 of the Texas Civil

Practice and Remedies Code, and remanded the claim to the district court

“with instructions to analyze George’s premises-defect claim under Texas

common law.” Id. at 624. The district court then dismissed George’s

manufacturing-defect claims against Bulk and Brenner, concluded that

George adequately pleaded his warning-defect and design-defect claims

against them, and denied SI Group’s motion for summary judgment on

George’s premises-liability claim. The case was then reassigned to Judge

Drew B. Tipton and, after additional discovery, SI Group moved for

reconsideration of summary judgment and for summary judgment on

additional grounds. The district court granted both motions.

Bulk independently moved for summary judgment on George’s

products-liability claims based on its status as a non-manufacturing seller,

and Brenner and Bulk jointly moved for summary judgment on George’s

products-liability claims. The district court granted both motions. In addition

to these dispositive motions, the district court granted SI Group’s motion to

exclude George’s expert Benjamin Gibson’s opinions regarding SI Group’s

knowledge of a dangerous condition. The district court entered final

judgment and George timely appealed.

_____________________

under Tex. Civ. Prac. & Rem. Code § 82.003(1). See George v. SI Grp., Inc., 36 F.4th

611, 620–21 (5th Cir. 2022).

3

BTI was served but did not answer or appear; it is not in play here. George, 36

F.4th at 615.

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II. Jurisdiction & Standard of Review

The district court had jurisdiction under 28 U.S.C. §§ 1441 and 1332.

We have appellate jurisdiction under 28 U.S.C. § 1291.

We review a grant of summary judgment de novo, applying the same

standards as the district court. See Guillory v. Domtar Indus. Inc., 95 F.3d

1320, 1326 (5th Cir. 1996). Summary judgment is appropriate if “there is no

genuine dispute as to any material fact and the movant is entitled to judgment

as a matter of law.” Fed. R. Civ. P. 56(a). “Summary judgment should be

granted where critical evidence is so weak or tenuous on an essential fact that

it could not support a judgment in favor of the nonmovant.” In re Deepwater

Horizon, 48 F.4th 378, 382 (5th Cir. 2022) (citation modified). On summary

judgment, we “view[] all evidence in the light most favorable to the

nonmoving party and draw[] all reasonable inferences in that party’s favor.”

Pierce v. Dep’t of U.S. Air Force, 512 F.3d 184, 186 (5th Cir. 2007).

We review a district court’s exclusion of expert testimony for abuse of

discretion. In re Complaint of C.F. Bean L.L.C., 841 F.3d 365, 369 (5th Cir.

2016). “Wide latitude is granted to what the trial court decides. That

discretion will not be disturbed on appeal unless it is manifestly erroneous.”

Roman v. W. Mfg., Inc., 691 F.3d 686, 692 (5th Cir. 2012) (citation modified).

III. Discussion

George takes issue on appeal with the district court’s analysis of both

his premises liability and products liability claims. We address each in turn.

A. Premises Liability

George’s premises liability claims are relevant only to SI Group which

filed a summary judgment on these claims. “There are two types of premises

defects for which an independent contractor’s employee may seek to hold

the general contractor liable.” Clayton W. Williams, Jr., Inc. v. Olivo, 952

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S.W.2d 523, 527 (Tex. 1997). The first type (“Type 1”) “are those defects

that exist on the premises . . . or that are created through some means

unrelated to the activity of the injured employee or his employer,” in which

case “the general contractor has a duty to inspect the premises and warn the

invitee of those dangerous conditions of which the general contractor knows

or should know.” Id. The second type (“Type 2”) “are those defects the

independent contractor (or its injured employee) created by its work

activity,” id., in which case the general contractor must warn about such

defects only if it retains supervisory control “relate[d] to the condition or

activity that caused the injury,” id. at 528, or the right to control the

contractor’s work, see id. “If there is no contractual right to control, however,

the general contractor can be liable if it actually exercised control, contrary

to the contract’s terms.” Id. 4

George contends that the district court erred in its analysis of his Type

1 and Type 2 claims.

First, with respect to the Type 1 claim, following the accident, SI

Group and Veolia investigated the cause. George cites SI Group’s post-

accident investigative report and Veolia’s post-accident report as evidence

that SI Group had actual knowledge of the unstable ground before the

_____________________

4

The district court incorrectly identified the first type as the “premises condition

theory” and the second as the “negligent activity theory.” Under Texas law, a negligent

activity claim is distinct from a premises defect claim. See, e.g., Olivo, 952 S.W.2d at 528

(distinguishing between the two types of claims); Sampson v. Univ. of Tex. at Aus., 500

S.W.3d 380, 388 (Tex. 2016) (same). George did not assert a negligent activity claim. See

George, 36 F.4th at 618 (“George alleged a premises-defect claim against SI Group and

products-liability claims against Bulk Tank International, Bulk Solutions, Brenner Tank,

and Evergreen Tank.”). Insofar as there is overlap between negligent activity and Type 2

premises-defect claims in that the “right to control” rule applies in both types of claims,

see Olivo, 952 S.W.2d at 528, we analyze the district court’s analysis and George’s

arguments on this point in the context of a Type 2 claim.

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accident. George maintains that the district court erred in declining to

consider whether the reports created a fact question as to whether SI Group

should have known of the condition, and he suggests that the observation in

SI Group’s post-accident report that “fire monitors allow some water to leak

into the ground during operation” is evidence that SI Group had

constructive knowledge of a dangerous condition. We disagree. As the

district court correctly pointed out, these post-accident reports are not

evidence that SI Group knew or should have known of any unsafe condition

prior to the accident.

George also relies on Michael Munoz’s testimony that, after the

accident, he overheard two SI Group employees talking about a leak, and that

he thought they were talking about a leak from before the accident, to suggest

that there was evidence that SI Group had actual or constructive knowledge

of an unsafe condition. In addition to being inadmissible hearsay, see George,

36 F.4th at 625–26 (Haynes, J., concurring in the judgment in part and

dissenting in part), this testimony does not create a genuine dispute of fact as

to whether SI Group knew or should have known of a dangerous condition

prior to the accident. As the district court noted, Munoz admitted that the

SI Group employees did not mention when the leak occurred or when the

fire monitor was out of service, and his mere speculation that they were

talking about the period before the accident is not evidence that SI Group

knew of a dangerous condition before the accident.

Finally, George contends that the district court failed to engage with

the testimony of TK Hall, an SI Group employee, which he maintains

created an issue of fact as to whether SI Group exercised ordinary care during

its inspection the morning of the accident. The cited evidence, however, does

no such thing. George notes that Hall testified that a SI Group “safety and

maintenance” entity checks how solid the ground is prior to the work

beginning and that it should have been discussed with SI Group’s “safety”

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entity that a trailer could tip over if uncoupled on the gravel. He also notes

that Hall testified that he knew the trailer would tip over if uncoupled on the

gravel. George suggests that this shows actual and constructive knowledge of

a dangerous condition. To the contrary, although George states in his brief

that Hall testified that the hazard should have been identified and SI Group

should have checked to ensure that the staging area was safe, the evidence he

cites for that proposition states that a SI Group “safety and maintenance”

entity does check the ground where the tanker trailers are staged. This is

therefore not evidence that SI Group did not take reasonable care, and the

district court did not err in granting summary judgment for SI Group on the

basis that it lacked knowledge of an unsafe condition.

George also maintains that the district court erred by excluding the

opinion of his expert, Benjamin Gibson, as to SI Group’s knowledge of a

dangerous condition. Again, we disagree.

Per Federal Rule of Evidence 702, a witness “qualified as an expert by

knowledge, skill, experience, training, or education” may give opinion

testimony if it will “help the trier of fact to understand the evidence or to

determine a fact in issue,” is “based on sufficient facts or data,” is “the

product of reliable principles and methods,” and “reflects a reliable

application of the principles and methods to the facts of the case.” Fed. R.

Evid. 702. Before admitting an expert’s testimony, “the court must also

gauge whether the witness’s qualifying training or experience, and resultant

specialized knowledge, are sufficiently related to the issues and evidence

before the trier of fact that the witness’s proposed testimony will help the

trier of fact.” United States v. Wen Chyu Liu, 716 F.3d 159, 167 (5th Cir. 2013)

(citation modified).

The district court concluded that Gibson had no expertise or specific

knowledge that shed light on the issue of whether SI Group had actual or

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constructive knowledge of a dangerous condition. Specifically, it noted that

Gibson “merely evaluates the evidence discussed above and draws his own

conclusions without relying on any specialized education and expertise.”

This was not an abuse of discretion.

We next turn to George’s Type 2 claim. First, insofar as this type of

premises defect claim pertains to a condition created by the independent

contractor’s work, as opposed to a distinct negligent activity claim, see Olivo,

952 S.W.2d at 528, George does not identify what condition was created by

the independent contractor’s work that caused his injury. He instead argues

only that SI Group had control over the activity that caused his injuries. He

therefore has not produced evidence sufficient to support a Type 2 claim.

Further, there is no indication that SI Group controlled the safety

practices of the Veolia workers. The contractor agreement between the

parties stated that Veolia “shall take all necessary precautions for safety of,

and the prevention of injury, loss and damage to, persons and property on or

about or adjacent to premises where the Work is being performed and which

may result from Work being performed,” and that Veolia “acknowledges and

accepts full responsibility for inspecting and determining the adequacy of any

equipment used while performing Work.” SI Group therefore did not retain

contractual authority to control the safety practices of the Veolia workers.

George maintains that the testimony of TK Hall, SI Group’s permit issuer,

that Veolia would have to use matting if SI Group required it creates a fact

issue as to whether Veolia had the right to control the work that resulted in

George’s injury. This cannot be the case. As the Supreme Court of Texas

noted in Olivo, “[i]f there is no contractual right to control, . . . the general

contractor can be liable if it actually exercised control, contrary to the

contract’s terms.” 952 S.W.2d at 528. Hall’s testimony is not evidence that

SI Group actually exercised control. To the contrary, although Hall posits

that SI Group could have forced Veolia to use matting, it clearly did not do

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so. As such, it is not apparent that SI Group exercised control over the work

performed.

B. Products Liability

George’s products liability claims are relevant only to the Bulk and

Brenner entities which filed a summary judgment on these claims. First,

George does not challenge the conclusion that Bulk was entitled to summary

judgment as a non-manufacturing seller under Chapter 82 of the Texas Civil

Practice and Remedies Code, and thus summary judgment in favor of Bulk is

affirmed on this basis. See Rollins v. Home Depot USA, 8 F.4th 393, 397 (5th

Cir. 2021) (“A party forfeits an argument . . . by failing to adequately brief

the argument on appeal.”).

Turning to Brenner, George contends that the district court erred

when concluding that Brenner was entitled to summary judgment on both

George’s marketing defect/failure-to-warn claim and his design defect claim.

As to the marketing defect/failure-to-warn claim, the district court

concluded that the summary judgment evidence established that foreseeable

users of the tanker trailer would have special training and knowledge about

the risks of unhooking the trailer on an unlevel surface and thus no warning

was necessary. As to the design defect claim, the district court concluded that

Armstrong’s failure to use matting when uncoupling the trailer on an unlevel

surface was the but-for or producing cause of George’s injuries, rather than

the design of the trailer itself.

George maintains that there were issues of fact as to both claims. As

to the marketing defect/failure-to-warn claim, he argues that there were fact

issues because he submitted expert opinions stating that the existing

warnings on the product were insufficient to warn users. As to the design

defect claim, he maintains that there were fact issues because he submitted

evidence that the trailer had defects making it unreasonably dangerous for its

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foreseeable use—namely, that its landing gear’s pads were too small and that

its landing gear was too narrow.

We start with the marketing defect/failure-to-warn claim. “A

defendant’s failure to warn of a product’s potential dangers when warnings

are required is a type of marketing defect.” Am. Tobacco Co., Inc. v. Grinnell,

951 S.W.2d 420, 426 (Tex. 1997). “The existence of a duty to warn of dangers

or instruct as to the proper use of a product is a question of law.” Id. Under

Texas law, “[a] supplier has no duty to warn of risks involved in a product’s

use that are commonly known to foreseeable users, even if some users are not

aware of them.” Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170, 183

(Tex. 2004). “When the foreseeable users of a product have special training,

a supplier has no duty to warn of risks that should be obvious to them, even

if persons without such training would not appreciate the risks.” Id.; see also

Sauder Custom Fabrication, Inc. v. Boyd, 967 S.W.2d 349, 351 (Tex. 1998) (per

curiam) (“No ordinary person trained to do the work Boyd and his crew were

doing could have failed to appreciate the obvious risk of falling. Thus, as a

matter of law, Sauder had no duty to warn of the risk.”).

The record shows that the risk of dropping the tanker trailer on its

landing gear on a gravel surface without any sort of stabilizing matting would

be commonly known and obvious to foreseeable users. Joe Armstrong, the

Veolia employee who unhitched the trailer, received his commercial driver’s

license (“CDL”) in December 2015. Under Texas law, a CDL is required

to drive a commercial motor vehicle (“CMV”). See Tex. Transp. Code

§ 522.011(a). The Texas Commercial Motor Vehicle Drivers Handbook, of

which Armstrong “read every single chapter and every single section,” 5

_____________________

5

Although whether there was a duty to warn turns on what was obvious to the

average user of a product, see Boyd, 967 S.W.2d at 349, and not necessarily whether the

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instructs users that, before uncoupling tractor-semitrailers, they must

“[m]ake sure surface of parking area can support weight of trailer.”

According to Veolia’s former safety manager, drivers are taught to lay down

mats if they must uncouple a loaded trailer on a surface other than concrete.

The record evidence also reflects that using mats when decoupling a trailer

was standard practice for CMV drivers.

Given the record evidence that foreseeable users of the tanker trailer

would be required to receive special training and to receive a special license

in order to operate such trailers, and that the risk of dropping the tanker

trailer on its landing gear on a gravel surface without any sort of stabilizing

matting would be commonly known and obvious to such users, the district

court did not err in concluding that there was no duty to warn of the danger

of dropping the trailer on a gravel surface without mats. Summary judgment

for Brenner on this claim was therefore proper.

We now turn to the design defect claim. To succeed on a design defect

claim, “a plaintiff must prove that (1) the product was defectively designed

so as to render it unreasonably dangerous; (2) a safer alternative design

existed; and (3) the defect was a producing cause of the injury for which the

plaintiff seeks recovery.” Timpte Indus., Inc. v. Gish, 286 S.W.3d 306, 311

(Tex. 2009). To be a “producing cause” of a plaintiff’s injuries, “(1) the

cause must be a substantial cause of the event in issue and (2) it must be a

but-for cause, namely one without which the event would not have

occurred.” Ford Motor Co. v. Ledesma, 242 S.W.3d 32, 46 (Tex. 2007).

“[T]here may be more than one producing cause of an event.” Id. at 45.

“Causation generally is a question of fact for the jury,” but, “if all the facts

_____________________

specific user knew of the risk, this is still evidence of what the average users of the tanker

trailer, CMV drivers, would know.

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and inferences point so strongly against causation that no reasonable jury

could find causation,” then it may be decided as a matter of law. Goodner v.

Hyundai Motor Co., Ltd., 650 F.3d 1034, 1044 (5th Cir. 2011) (citation

modified).

The district court concluded that, “even if the trailer’s design was

defective, it was not the producing cause of George’s injuries.” Rather, it

concluded that it was undisputed that the producing cause of George’s

injuries “was Armstrong’s failure to use matting when uncoupling the trailer

on an unlevel surface, and not the design of the trailer itself.” The district

court’s analysis suggests that the fact that Armstrong’s actions were “the”

producing cause necessarily means that the design of the trailer was not a

producing cause. It is arguable that even if Armstrong’s failure to use matting

to stabilize the trailer was a producing cause, if the trailer had been

defectively designed, that too could have been a substantial cause of the event

at issue and a cause without which the event would not have occurred. See

Ford Motor Co., 242 S.W.3d at 46. That would question the district court’s

analysis on this point.

But even if so, “[w]e may affirm a summary judgment on any ground

supported by the record, even if it is different from that relied on by the

district court.” Holtzclaw v. DSC Commc’ns Corp., 255 F.3d 254, 258 (5th

Cir. 2001). The record shows that George did not produce sufficient

evidence to raise a genuine dispute of fact as to whether the tanker trailer

“was defectively designed so as to render it unreasonably dangerous.”

Timpte Indus., Inc., 286 S.W.3d at 311. To determine whether a product was

defectively designed so as to be rendered unreasonably dangerous, Texas

courts apply a risk-utility analysis requiring consideration of the following

factors:

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(1) the utility of the product to the user and to the public as a

whole weighed against the gravity and likelihood of injury from

its use; (2) the availability of a substitute product which would

meet the same need and not be unsafe or unreasonably

expensive; (3) the manufacturer’s ability to eliminate the

unsafe character of the product without seriously impairing its

usefulness or significantly increasing its costs; (4) the user’s

anticipated awareness of the dangers inherent in the product

and their avoidability because of general public knowledge of

the obvious condition of the product, or of the existence of

suitable warnings or instructions; and (5) the expectations of

the ordinary consumer.

Id. (citation modified). Courts are to apply this analysis “in the context of the

product’s intended use and its intended users.” Id. at 312.

None of these factors weigh in George’s favor. First, George

identified no evidence that the risk and gravity of his injury outweighed the

likelihood of injury from its use. To the contrary, given the fact that ordinary

users of such a tanker trailer would know not to stand it on its landing gear on

gravel without mats or alternative stabilizing support, the risk of someone

being injured as George was does not outweigh the utility of the trailer to the

user and to the public. As to the second and third considerations, George’s

experts identify two safer alternative designs: landing gear with larger feet

and wider landing gear. One of George’s experts notes, without explanation

or support, that larger feet are “readily-available,” but George identifies no

evidence that these larger feet would not be unsafe, unreasonably expensive,

or that using larger feet would not seriously impair the usefulness of the

tanker trailer. Similarly, there is no evidence that a wider landing gear would

not be unsafe or unreasonably expensive, or that it could be implemented

without impairing the usefulness of the tanker trailer or significantly

increasing its cost. As to the fourth and fifth considerations, users of the

trailer would know about the dangers inherent in dropping it on gravel and

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that they may be avoided by using mats when placing the landing gear on such

uneven surfaces. Because all the risk-utility analysis considerations plainly

weigh in favor of the conclusion that the design was not unreasonably

dangerous, as a matter of law, the tanker trailer was not unreasonably

dangerous because of a defective design. See Hernandez v. Tokai Corp., 2

S.W.3d 251, 260–61 (Tex. 1999). Summary judgment for Brenner is therefore

proper on this basis.

IV. Conclusion

The district court did not err in concluding that SI Group, Bulk, and

Brenner were entitled to summary judgment on George’s claims, and it did

not abuse its discretion in excluding Benjamin Gibson’s expert opinion as to

SI Group’s knowledge of a dangerous condition. Accordingly, we

AFFIRM.

15

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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