Therese H. Pawlitzke v. Donald B. Murphy Contractors, Inc., a Washington Corporation, D/B/A Dbm

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Therese H. PAWLITZKE, Plaintiff-Appellant, v. DONALD B. MURPHY CONTRACTORS, INC., a Washington corporation, d/b/a DBM, Defendant-Appellee No. 93-35707. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1994. Decided Dec. 29, 1994. Before: WOOD, Jr., * HUG, and TANG, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff Therese H. Pawlitzke brought this diversity negligence action seeking damages for a serious spinal injury she received while employed on a construction project in Alaska. The district court allowed defendant's motion for summary judgment and dismissed all plaintiff's claims. 3 Our review of the summary judgment ruling is governed by well-known rules. Saul v. United States, 928 F.2d 829, 832 (9th Cir.1991). It is simplified in this case as there were no material facts disputed in the district court so a factual dispute cannot be created in this court. Our review is confined to whether…