U.S. Fidelity & Guar. Co. v. Riggs

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES FIDELITY & GUARANTY COMPANY, a Maryland corporation, Plaintiff-Appellant, v. John B. RIGGS, Jennifer J. Riggs; Imperial Casualty and Indemnity Company, a foreign corporation, Defendant-Appellee. No. 93-16621. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 17, 1995. Decided March 24, 1995. Before: FLETCHER, PREGERSON and RYMER, Circuit Judges. 1 MEMORANDUM * I. Negligence 2 There is no need to repeat the stipulated facts. As a matter of law we conclude that it was foreseeable that when Riggs, as an architect, put the opening in the floor without designing a proper cover or guardrail, that someone would fall through the opening and sustain injury. Thus, we conclude that Riggs as an architect was negligent. II. Allocation and Prejudgment Interest 3 We remand this matter to the district court for further proceedings to allocate responsibility between Riggs as an architect…