Capitol Sprinkler Inspection, Inc. v. Guest Serv., Inc., No. 09-7128

Summary Judgment in Claims for Negligence in Connection with Burst Pipe Affirmed

In Capitol Sprinkler Inspection, Inc. v. Guest Serv., Inc., No. 09-7128, third-party claims for negligence and breach of contract in connection with a burst pipe at a building managed by third-party defendant, summary judgment for third-party defendant is affirmed where 1) the alacrity with which defendant staunched the flow of water was relevant only to the measure of damages, not to liability; 2) because plaintiff did not show "good cause," the district court did not abuse its discretion by denying plaintiff's motion for an extension of time; 3) the district court did not err in denying plaintiff's motion to strike defendant's reply brief.

As the court wrote:  "Capitol Sprinkler Inspection, Inc., the defendant in the district court, appeals the summary judgment entered for Guest Services, Inc. on Capitol's third-party claims for negligence and breach of contract in connection with a burst pipe at a building managed by Guest. Guest argues we lack jurisdiction for want of a timely notice of appeal. We hold that we have jurisdiction of the appeal based upon Federal Rule of Appellate Procedure 4(a)(2) and affirm the district court in all respects."

Related Resources

• Read the DC Circuit's Decision in Capitol Sprinkler Inspection, Inc. v. Guest Serv., Inc., No. 09-7128