OPINION
LATCHUM, Senior District Judge.
I. Introduction and Procedural History
Plaintiffs, Kirk and Margie Stewart, filed a complaint on July 7, 1993, (Docket Item ["D.I."] 1), and an amended complaint, (D.I. 4), on July 13, 1993 alleging that the defendant, Walbridge, Aldinger Company ("Walbridge") injured Mr. Stewart on Monday, June 10, 1991 by negligently stacking construction materials which, as a result, fell on him. They further allege...
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