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Accidents - Liability
No. 85-198
106 S. Ct. 2548 (1986) | Cited 130824 times
... JUSTICE REHNQUIST delivered the opinion of the Court. The United States District Court for the District of Columbia granted the motion of petitioner Celotex Corporation for summary judgment against respondent Catrett because the latter was unable to produce evidence in support of her allegation in ...
No. 367
58 S. Ct. 817 (1938) | Cited 14178 times
... MR. JUSTICE BRANDEIS delivered the opinion of the Court. The question for decision is whether the oft-challenged doctrine of Swift v. Tyson 1 shall now be disapproved. Tompkins, a citizen of Pennsylvania, was injured on a dark night by a passing freight train of the Erie Railroad Company while ...
No. 90-1807
37 F.3d 1069 (1994) | Cited 7351 times
... Per Curiam: In this products liability case, we hold that the district court appropriately and fairly granted summary judgment for the defendants. The plaintiffs are the heirs of Marvin Joe Little and Charles Carter. Little and Carter were experienced welders working in the wingtank of a barge. At ...
No. 77-677
98 S. Ct. 2396 (1978) | Cited 2613 times
... MR. JUSTICE STEWART delivered the opinion of the Court. In an action in which federal jurisdiction is based on diversity of citizenship, may the plaintiff assert a claim against a third-party defendant when there is no independent basis for federal jurisdiction over that claim? The Court of ...
No. 94-1425
46 F.3d 1298 (1995) | Cited 2341 times
... COWEN, Circuit Judge. This appeal arises from an order dismissing a personal injury suit without prejudice after the plaintiff failed to serve a summons upon the defendant within 120 days of filing the complaint as required by Rule 4 of the Federal Rules of Civil Procedure. The issue of whether, ...
No. 78-1014
100 S. Ct. 352 (1979) | Cited 1786 times
... Mr. JUSTICE WHITE delivered the opinion of the Court. Under the Federal Tort Claims Act (Act), 1 28 U. S. C. § 2401 (b), a tort claim against the United States is barred unless it is presented in writing to the appropriate federal agency "within two years after such claim accrues." The issue in ...
No. 90-1256
953 F.2d 909 (1992) | Cited 1258 times
... BARKSDALE, Circuit Judge: The widow and children of George Skotak (the Skotaks), appeal the summary judgment awarded Tenneco Resins, Inc. (TRI). Because the Skotaks did not produce sufficient evidence to create a genuine issue of material fact concerning the adequacy of the warning in issue, the ...
No. 9
71 S. Ct. 153 (1950) | Cited 1188 times
... MR. JUSTICE JACKSON delivered the opinion of the Court. A common issue arising under the Tort Claims Act, as to which Courts of Appeals are in conflict, makes it appropriate to consider three cases in one opinion. The Feres case: The District Court dismissed an action by the executrix of Feres ...
No. 04-7011
451 F.3d 1196 (2006) | Cited 1154 times
... PUBLISH Before LUCERO, McKAY, and McCONNELL, Circuit Judges. Terry Minter, the plaintiff-appellant, is a professional painter who was severely injured after falling from an elevated work platform. He filed a personal injury lawsuit against the manufacturer and distributor of the work platform. ...
No. 82-1349
104 S. Ct. 2755 (1984) | Cited 1143 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari in these two cases to determine whether the United States may be held liable under the Federal Tort Claims Act, 28 U. S. C. § 2671 et seq., for the negligence of the Federal Aviation Administration in certificating ...
No. 59
82 S. Ct. 585 (1962) | Cited 1054 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. The question to be decided in this case is what law a Federal District Court should apply in an action brought under the Federal Tort Claims Act 1 where an act of negligence occurs in one State and results in an injury and death in ...
No. 365
66 S. Ct. 872 (1946) | Cited 1040 times
... MR. JUSTICE RUTLEDGE delivered the opinion of the Court. The principal question is whether the obligation of seaworthiness, traditionally owed by an owner of a ship to seamen, extends to a stevedore injured while working aboard the ship. Sieracki was employed by an independent stevedoring company ...
No. 06-60463
530 F.3d 395 (2008) | Cited 1006 times
... Before REAVLEY, GARZA, and DENNIS, Circuit Judges. Delta & Pine Land Company ("DPL") appeals the district court's grant of summary judgment in favor of defendants Nationwide Agribusiness Insurance Company and Nationwide Mutual Insurance Company (collectively, "Nationwide"). DPL argues that the ...
No. 89-1738
895 F.2d 46 (1990) | Cited 925 times
... SELYA, Circuit Judge. In this diversity case, appellants calumnize the district court for taking too grudging a view of alternative liability under Massachusetts tort law. But they are attempting to slide into home plate without ever having reached second base. I Appellants, plaintiffs below, ...
No. 85-1728
796 F.2d 217 (1986) | Cited 904 times
... Before EASTERBROOK, Circuit Judge, ESCHBACH, Senior Circuit Judge, and GRANT, Senior District Judge.*fn* ESCHBACH, Senior Circuit Judge. The primary issue presented in this appeal from a judgment for the defendant in this personal-injury diversity suit is whether the district court improperly ...
No. 129
69 S. Ct. 1018 (1949) | Cited 839 times
... MR. JUSTICE RUTLEDGE delivered the opinion of the Court. The primary question is whether the coverage of the Federal Employers' Liability Act and the Boiler Inspection Act 1 includes injuries in the nature of occupational disease, here silicosis, or is confined exclusively to injuries inflicted ...
No. S085736
25 Cal.4th 763 (2001) | Cited 814 times
... We granted review in this case to consider important issues concerning the liability of apartment owners and other business enterprises to persons injured on their premises by the criminal acts of others, a liability based solely on the business owners' negligent failure to provide adequate ...
No. 94-20314 Summary Calendar
45 F.3d 951 (1995) | Cited 810 times
... JOHNSON, Circuit Judge: Shipper brought action under COGSA 1 to establish carrier's liability for damage to cargo. The district court granted summary judgment in favor of carrier, however, finding that the carrier had successfully made out a defense under 46 U.S.C. § 1304(2)(q) by showing that ...
No. 94-CA-002618-MR
916 S.W.2d 779 (1996) | Cited 801 times
... AFFIRMING JOHNSON, JUDGE: This appeal raises the question of the liability of homeowners for damages sustained by a social guest from a swimming pool injury. The Jefferson Circuit Court found a lack of a legal duty and granted summary judgment in favor of the homeowners. We affirm. On August 15, ...
No. S042287
11 Cal.4th 1 (1995) | Cited 799 times
... LUCAS, C.J.: We granted review to decide the recurring issue whether a commercial general liability insurer is required to defend a third party action that seeks incidental emotional distress damages caused by the insured's noncovered economic or business torts. The Court of Appeal below concluded ...
No. 84-2488 Summary Calendar
754 F.2d 1212 (1985) | Cited 768 times
... Before RUBIN, RANDALL and TATE, Circuit Judges. RANDALL, Circuit Judge: Georgia-Pacific Corporation operates a large number of sawmills and manufacturing plants. In 1978, Georgia-Pacific sold an obsolete sawmill trimmer from its plant in El Dorado, Arkansas, to a used equipment dealer. The ...
No. S083466
26 Cal.4th 465 (2001) | Cited 766 times
... On July 1, 1993, Gian Luigi Ferri killed eight people and wounded six-and then killed himself-during a shooting rampage at 101 California Street, a high-rise office building in San Francisco. Survivors and representatives of some of Ferri's victims (plaintiffs) sued defendant Navegar, Inc. ...
No. 76-946
50 Ohio St.2d 317 (1977) | Cited 749 times
... >  I.      CELEBREZZE, J. This is a products liability action brought under theories of negligence, implied warranty, and strict liability in tort. The latter two counts are virtually indistinguishable, 1 and appellants concede by their brief that implied warranty has been included as a theory ...
No. 89-1709
901 F.2d 1486 (1990) | Cited 728 times
... JOHN R. GIBSON, Circuit Judge. On October 29, 1986, Joseph Crinklaw, an officer of the Omaha Police Department, responded to a burglary alarm at a pharmacy. When Officer Crinklaw arrived at the pharmacy, he saw Arden Westcott ("Decedent") standing near the store's rear door. Decedent then began to ...
No. 75-1333
534 F.2d 566 (1976) | Cited 713 times
... Opinion OF THE COURT GIBBONS, Circuit Judge. This is an appeal from an order in a diversity case granting defendant's motion for summary judgment. 1 The original plaintiffs were Florence L. Goodman and her husband, Robert J. Goodman. While the action was pending Florence Goodman died, and Robert ...
No. 78-1312
599 F.2d 274 (1979) | Cited 675 times
... This is an appeal by Mike, Charles J., and Rona Oldham from summary judgment on their civil action for damages arising under admiralty law. Essentially, appellee Margaret Ann Pritchett contended that the Oldhams were barred on the grounds of res judicata or collateral estoppel from relitigating the ...
No. 3
79 S. Ct. 468 (1959) | Cited 667 times
... MR. JUSTICE FRANKFURTER delivered the opinion of the Court. Petitioner Francisco Romero, a Spanish subject, signed on as a member of the crew of the S. S. Guadalupe for a voyage beginning about October 10, 1953. The Guadalupe was of Spanish registry, sailed under the Spanish      flag and was ...
No. 176
80 S. Ct. 926 (1960) | Cited 596 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The petitioner was a member of the crew of the Boston fishing trawler Racer, owned and operated by the      respondent. On April 1, 1957, the vessel returned to her home port from a 10-day voyage to the North Atlantic fishing grounds, loaded ...
No. 61517., Reversed and remanded.
489 N.E.2d 867 (1986) | Cited 587 times
... This medical malpractice action was instituted by the plaintiff, Carol L. Purtill, for damages occasioned by the alleged negligence of the defendants, George Elfers, M.D., J.H. Hess, M.D., and Gibson Community Hospital, in the care, diagnosis, and treatment of the plaintiff during and following the ...
No. 22
79 S. Ct. 406 (1959) | Cited 576 times
... MR. JUSTICE STEWART delivered the opinion of the Court. On November 24, 1948, the respondent's vessel, the S. S. Oregon, was berthed at a pier in the North River, New York City. About noon on that day Joseph Kermarec came aboard to visit Henry Yves, a member of the ship's crew. The purpose of the ...
No. 99-8053
184 F.3d 1300 (1999) | Cited 565 times
... PUBLISH Appeals from the United States District Court for the Northern District of Georgia *Honorable John F. Nangle, Senior U.S. District Judge for the Eastern District of Missouri, sitting by designation. Catherine "Kip" Allison sought recovery in district court for injuries allegedly suffered ...
No. 92-4946 Summary Calendar.
989 F.2d 812 (1993) | Cited 564 times
... Per Curiam: Plaintiffs-Appellants Rex and Rose Jernigan (collectively, Jernigan) appeal the dismissal of their claims against Defendants-Appellees Ashland Oil Inc. (Ashland Oil), Ashland Pipe Line Co. (Ashland Pipeline), and Drilled Crossings, Inc., claiming that removal under 28 U.S.C. § 1446(b) ...
No. 86-3747
819 F.2d 547 (1987) | Cited 506 times
... The district court granted the defendant's motion for summary judgment, dismissing this death action under the Jones Act and the General Maritime Law. It is undisputed that Christopher Martin, a seaman aboard the tugboat OLGA STONE, disappeared into the Mississippi River on February 23, 1985, just ...
No. 93-2057
29 F.3d 1480 (1994) | Cited 501 times
... PER CURIAM The plaintiffs in this diversity action, John J. and Donna Hunnings, individually and as personal representatives of the estate of their son, David B. Hunnings, appeal from the judgment of the United States District Court for the Northern District of Florida dismissing their complaint ...
NO. 01-0619
133 S.W.3d 217 (2004) | Cited 494 times
... Argued October 30, 2002 JUSTICE WAINWRIGHT delivered the opinion of the Court with respect to parts I., II., III.A., III.B., III.C.2., III.C.3., III.D., and IV., in which CHIEF JUSTICE PHILLIPS, JUSTICE HECHT, JUSTICE OWEN, and JUSTICE SMITH joined, and a plurality opinion with respect to Part ...
No. 89-7826
902 F.2d 194 (1990) | Cited 485 times
... JON O. NEWMAN, Circuit Judge: This appeal of a diversity case raises several issues concerning the assertion of personal jurisdiction over foreign corporations pursuant to N.Y.Civ.Prac.L. & R. §§ 301 & 302 (McKinney 1972 & Supp. 1990). The issues arise on plaintiffs' appeal from the August 3, ...
No. 76
83 S. Ct. 659 (1963) | Cited 482 times
... MR. JUSTICE WHITE delivered the opinion of the Court. Upon a special verdict of the jury, the Common Pleas Court of Cuyahoga County, Ohio, entered judgment awarding damages to petitioner in this Federal Employers' Liability Act 1 suit. The Court of Appeals reversed, 173 N. E. 2d 382, and the Ohio ...
No. 92-1349
14 F.3d 526 (1994) | Cited 473 times
... BRORBY, Circuit Judge. Sharon Cone appeals the district court's order granting summary judgment in favor of the defendant, Longmont United Hospital. Alleging she suffered age discrimination because of disparate treatment under Longmont United Hospital's leave of absence policy, Ms. Cone brought ...
No. 86-2006
826 F.2d 732 (1987) | Cited 463 times
... LARSON, Senior District Judge Defendants Leon K. and Joyce Farrow appeal from the district court's grant of summary judgment in favor of plaintiff AgriStor Leasing. The Farrows are grain and livestock farmers in Ledyard, Iowa. Following numerous solicitations by Norman Nicol, an employee of a ...
No. 76-3373
585 F.2d 946 (1978) | Cited 446 times
... Appellant BOAC appeals from an order of the United States District Court for the Western District of Washington granting appellee The Boeing Company ("Boeing") summary judgment in a suit arising out of the crash of a Boeing 707 near Mt. Fuji, Japan, on March 5, 1966. BOAC, which owned and operated ...
No. 88-5951
873 F.2d 1338 (1989) | Cited 446 times
... Before: William C. Canby, Jr., Charles Wiggins and Diarmuid F. O'Scannlain, Circuit Judges. Order The Memorandum disposition filed on April 4, 1989 has been designated an opinion for publication by Judge Wiggins. CHARLES WIGGINS, Circuit Judge: Appellants Fu-Kong Tzung and Jean Tzung appeal ...
No. 26
64 S. Ct. 232 (1943) | Cited 443 times
... MR. JUSTICE REED delivered the opinion of the Court. This case arose under the Federal Employers' Liability Act. 1 Certiorari to the Supreme Court of North Carolina was sought and granted to consider the retroactivity of the last amendment to the Act in conjunction with the contention that there ...
No. 10
85 S. Ct. 308 (1964) | Cited 436 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The petitioner, administratrix of the estate of her son Daniel Gillespie, brought this action in federal court against the respondent shipowner-employer to recover      damages for Gillespie's death, which was alleged to have occurred when he ...
No. 79-512
101 S. Ct. 1614 (1981) | Cited 435 times
... JUSTICE WHITE delivered the opinion of the Court. Respondent Santos, a longshoreman and an employee of respondent Seattle Stevedore Co., was injured while he was helping load the M/S Jalaratna, a vessel owned by petitioner Scindia Steam Navigation Co., Ltd. He later brought an action against ...
A079518
72 Cal.App.4th 621 (1999) | Cited 429 times
... CERTIFIED FOR PUBLICATION This appeal arises from a lawsuit alleging permanent personal injuries arising from exposure to asbestos and products containing asbestos. Denis B. Howard and Malee C. Howard appeals a special jury verdict for respondent Owens Corning 1 finding that his exposure to ...
No. 84-2218
760 F.2d 765 (1985) | Cited 426 times
... CUMMINGS, Chief Judge Plaintiff Craig Strauss filed suit against the City of Chicago (the "City") and Chicago Police Officer John Doe under 42 U.S.C. § 1983. 1 The district court granted the City's motion to dismiss for failure to state a claim, causing plaintiff to file a timely notice of ...
No. 296
63 S. Ct. 444 (1943) | Cited 422 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The petitioner's husband and intestate, John Lewis Tiller, was a policeman for the respondent railroad. Among his duties was that of inspecting the seals on cars in railroad yards to make sure that no one had tampered with them. He had held ...
No. 01-14431
288 F.3d 1264 (2002) | Cited 418 times
... [PUBLISH] Plaintiffs-Appellants (hereinafter "Plaintiffs") appeal the district court's dismissal of their complaint for lack of personal jurisdiction over several Bahamian corporations as well as the district court's order denying reconsideration of that dismissal. Defendants-Appellees request ...
No. 91-3617
974 F.2d 646 (1992) | Cited 413 times
... EMILIO M. GARZA, Circuit Judge: After Lonnie Donaghey was injured while working aboard the Dì OCEAN TITAN, Donaghey and his wife brought suit against Old Odeco, Inc., the owner of the OCEAN TITAN, Odeco Drilling Services, Inc., Donaghey's employer (collectively ODECO), and Conoco, Inc. (Conoco), ...
No. 94-1698
50 F.3d 299 (1995) | Cited 402 times
... Opinion HAMILTON, Circuit Judge: Patricia Williams (Williams) sustained personal injury when she slipped and fell in the lobby of a building leased by the United States. Alleging that the United States' negligence in maintaining the premises caused her injuries, Williams subsequently sued the ...
No. 67
63 S. Ct. 246 (1942) | Cited 395 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The petitioner was injured while working as a seaman for respondent on a vessel traveling between the United States and European ports, and spent a number of months in hospitals in Gdynia, Poland, and in the United States. He brought this suit ...
No. 99-3406
234 F.3d 136 (2000) | Cited 394 times
... Argued: May 9, 2000 Opinion filed: October 13, 2000 OPINION OF THE COURT David Oddi was catastrophically injured in a one-vehicle accident when the truck he was driving struck a guardrail and a bridge abutment. Thereafter, he filed two separate product liability actions in state court. He sued ...
Nos. 85-4241, 85-4300
813 F.2d 986 (1987) | Cited 394 times
... FARRIS, Circuit Judge: Sea-Land appeals from a jury verdict for Yahya Omar, plaintiff in a personal injury suit arising from a fall on board one of Sea-Land's ships. Omar's suit included claims for maintenance and cure under general maritime law, for negligence under the Jones Act, and for breach ...
No. 72-1019
94 S. Ct. 806 (1974) | Cited 394 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. Moragne v. States Marine Lines, 398 U.S. 375 (1970), overruling The Harrisburg, 119 U.S. 199 (1886), held that an action for wrongful death based on unseaworthiness is maintainable under federal maritime law, but left the shaping of the new ...
No. 85-1140
107 S. Ct. 1410 (1987) | Cited 393 times
... JUSTICE STEVENS delivered the opinion of the Court. A railroad has a duty to use reasonable care in furnishing its employees with a safe place to work. That duty was recognized at common law, see Bailey v. Central Vermont R. Co., 319 U.S. 350, 352-353 (1943), is given force through the Federal ...
No. S049039.
14 Cal.4th 434 (1996) | Cited 390 times
... GEORGE, C. J. We consider in this case the issue whether California courts may exercise personal jurisdiction over owners of "fast food" restaurant franchises located in another state, in litigation stemming from several incidents of food poisoning that occurred in the foreign jurisdiction. We ...
(D.C. Civil Action No. 92-cv-03150)
128 F.3d 802 (1997) | Cited 387 times
... Filed October 17, 1997 Argued on July 17, 1997 (Opinion filed October 17, 1997) OPINION OF THE COURT The Kannankerils, Dr. Mary Kannankeril, her husband, Charles, and their children, Charlene and Crystal, sued a pest exterminator, the Terminix International Company L.P. ("Terminix"), seeking ...
21 E.D. Appeal Docket 1997
557 Pa. 595 (1999) | Cited 382 times
... SUBMITTED January 13, 1998 Opinion The issue in this declaratory judgment action is whether a pollution exclusion clause in a policy of commercial general liability insurance issued to Appellant, Madison Construction Company ("Madison"), by Appellee, Harleysville Mutual Insurance Company ...
No. 89-322
110 S. Ct. 1904 (1990) | Cited 376 times
... JUSTICE WHITE delivered the opinion of the Court. We granted certiorari in this case because the decisions of the Supreme Court of Idaho, holding that petitioner may be liable under state law for the negligent inspection of a mine where respondents' decedents worked, raised important questions ...
No. 35872., Reversed and remanded.
176 N.E.2d 761 (1961) | Cited 373 times
... Rehearing denied September 20, 1961. Phyllis Gray appeals from a judgment of the circuit court of Cook County dismissing her action for damages. The issues are concerned with the construction and validity of our statute providing for substituted service of process on nonresidents. Since a ...
No. 446
79 S. Ct. 760 (1959) | Cited 354 times
... MR. JUSTICE BLACK delivered the opinion of the Court. In 1957 petitioner brought this action under the Federal Employers' Liability Act to recover damages for an industrial disease he allegedly contracted in 1952 while working for respondent. 1 Although § 6 of the Act provides that "No action ...
No. 271
47 S. Ct. 600 (1927) | Cited 347 times
... MR. JUSTICE SUTHERLAND delivered the opinion of the Court. The respondent, an infant 18 years of age, while employed on board a vessel operated by petitioners was injured by the fall of a strongback used to support a portion      of the hatch, and as a result suffered the amputation of a leg. A ...
No. 35
70 S. Ct. 207 (1949) | Cited 343 times
... MR. CHIEF JUSTICE VINSON delivered the opinion of the Court. These cases, here on certiorari, present this important question under the Federal Tort Claims Act: 1 May an      insurance company bring suit in its own name against the United States upon a claim to which it has become subrogated by ...
S97G0065
268 Ga. 735 (1997) | Cited 342 times
... Invitee Henrietta Robinson sustained an injury to her knee in a Kroger supermarket when she slipped on a foreign substance on the store's floor and fell. The trial court granted summary judgment to Kroger in Mrs. Robinson's negligence action against the store, and the Court of Appeals affirmed, ...
No. 75
78 S. Ct. 438 (1958) | Cited 334 times
... MR. JUSTICE CLARK delivered the opinion of the Court. The question here involves the right to trial by jury under principles of maritime liability enunciated in Ryan Stevedoring Co. v. Pan-Atlantic S. S. Corp., 350 U.S. 124 (1956). Respondent, a stevedoring company, contracted to furnish ...
No. 00-31327
278 F.3d 448 (2002) | Cited 328 times
... Appeal from the United States District Court for the Eastern District of Louisiana Plaintiff-Appellant James Caboni appeals the district court's grant of summary judgment in favor of Defendant-Appellee General Motors Corporation on Plaintiff Appellant's products liability action brought pursuant ...
No. 84-194
105 S. Ct. 3039 (1985) | Cited 325 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court, except as to Part II-A. We granted certiorari to decide whether the survivor of a serviceman, who was murdered by another serviceman, may recover from the Government under the Federal Tort Claims Act for negligently failing to prevent the ...
No. 292
84 S. Ct. 1142 (1964) | Cited 323 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The question presented in this case is whether a common carrier which has exercised reasonable care and has complied with the instructions of the shipper, is nonetheless liable to the shipper for spoilage in transit of an interstate shipment ...
No. 02-2358, No. 02-2359
336 F.3d 806 (2003) | Cited 319 times
... Submitted: December 12, 2002 Norfolk Railroad, Darlene March, and Skyline Motors, Inc. ("Skyline") appeal the district court's 1 order remanding this case to state court. 2 Petitioners seek a writ of mandamus directing the district court to rescind its remand order. Respondent, Mark Filla, ...
No. 235
67 S. Ct. 1604 (1947) | Cited 314 times
... MR. JUSTICE RUTLEDGE delivered the opinion of the Court. Not often, since the decision in Erie R. Co. v. Tompkins, 304 U.S. 64, is this Court asked to create a new substantive legal liability without legislative aid and as at the common law. This case of first impression here seeks such a result. ...
No. C1-88-1160
442 N.W.2d 308 (1989) | Cited 301 times
... 1. Policy exclusion as it appears in health care plan summary is not ambiguous. 2. No facts or circumstances justify a reasonable expectation of coverage under the instant health care plan. Affirmed. KEITH, Justice. I. Plaintiffs, Chester and Evangeline Hubred, bring this appeal from an ...
No. 70-54
92 S. Ct. 418 (1971) | Cited 301 times
... MR. JUSTICE WHITE delivered the opinion of the Court. The question presented here is whether state law or federal maritime law governs the suit of a longshoreman      injured on a pier while driving a forklift truck which was moving cargo that would ultimately be loaded aboard ship. The facts ...
No. 509
83 S. Ct. 1349 (1963) | Cited 299 times
... MR. JUSTICE BLACK delivered the opinion of the Court. Petitioner, a longshoreman, filed a libel in rem in a United States District Court against the steamship Yaka to recover for injuries he sustained while engaged in loading the vessel. The Yaka's owner, Waterman Steamship Corporation, appeared ...
D026302
65 Cal.App.4th 451 (1998) | Cited 299 times
... CERTIFIED FOR PUBLICATION (Super. Ct. No. N67909) APPEAL from a judgment of the Superior Court of San Diego County, Lisa Guy-Schall, Judge. Affirmed in part, reversed in part. Humberto Barcenas died and Manuel Reyes was injured as a result of a fire in an encampment occupied by Barcenas, Reyes ...
No. 76-1726
98 S. Ct. 2010 (1978) | Cited 298 times
... MR. JUSTICE STEVENS delivered the opinion of the Court. This case involves death on the high seas. The question is whether, in addition to the damages authorized by federal statute, a decedent's survivors may also recover damages under general maritime law. The United States Court of Appeals for ...
No. 02-56781
359 F.3d 1136 (2004) | Cited 297 times
... FOR PUBLICATION Argued and Submitted December 5, 2003-Pasadena, California OPINION This is the fourth in a series of suits arising out of a skiing accident in which appellant's husband, James Kougasian, was killed. The district court dismissed the suit for want of subject matter jurisdiction ...
No. 87-4774
839 F.2d 1121 (1988) | Cited 297 times
... Lillian Washington filed suit against Armstrong World Industries and other manufacturers of asbestos for damages arising from the death of her husband, Arsane Washington. Mr. Washington died in December 1982 of colon cancer which Mrs. Washington alleges resulted from 32 years of occupational ...
No. 01-16209
298 F.3d 1253 (2002) | Cited 296 times
... [PUBLISH] Charles McCorvey appeals the grant of summary judgment to defendants C.R. Bard, Inc. ("Bard") and Baxter Healthcare Corp. ("Baxter"), respectively the manufacturer and distributor of a catheter that erupted inside of him, on his strict product liability action. Additionally, McCorvey ...
No. 79-1200
612 F.2d 1076 (1980) | Cited 290 times
... In this removed action, corporate plaintiffs Vette Company (Vette) and Kansas City Boneless Beef, Inc. (Boneless) appeal from summary judgment below denying Vette recovery for lack of an insurable interest under a fire insurance policy issued to it by defendant, The Aetna Casualty & Surety Company ...
No. 395
90 S. Ct. 880 (1970) | Cited 289 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. This case concerns the construction of a provision common to fixed-price government construction contracts that states that the private contractor "shall be responsible for all damages to persons or property that occur as a result of his ...
S063612
21 Cal.4th 1181 (1999) | Cited 283 times
... In Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666 (Ann M.), we discussed the scope of a commercial landlord's duty of care and affirmed it includes the taking of "reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the ...
No. W1999-01524-SC-R11-CV
71 S.W.3d 691 (2002) | Cited 281 times
... William M. Barker, J., delivered the opinion of the court, in which Frank F. Drowota, III, C.J., and E. Riley Anderson, Adolpho A. Birch, Jr., and Janice M. Holder, JJ., joined. OPINION FACTUAL BACKGROUND This case comes before us pursuant to a Rule of Civil Procedure 12.02(6) motion to dismiss ...
No. 53
69 S. Ct. 413 (1949) | Cited 280 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The petitioner, a railroad switchman, was injured while performing duties as an employee of respondents in their railroad coach yard at Denver, Colorado. He brought this action for damages under the Federal Employers' Liability Act. 1 The ...
No. 229
83 S. Ct. 1185 (1963) | Cited 279 times
... MR. JUSTICE WHITE delivered the opinion of the Court. Petitioner, a longshoreman unloading the S. S. Hastings at Ponce, Puerto Rico, slipped on some loose beans spilled on the dock and suffered personal injuries. He subsequently filed a libel against the Hastings, claiming damages for injuries ...
S116358
88 P.3d 517 (2004) | Cited 278 times
... We granted review in this case to determine whether a child care center and its property owner should be liable in tort for a third party's intentional criminal act against the center's children when there had been no reported prior similar criminal acts or indeed any similar activity on or near ...
No. 83-1326
725 F.2d 943 (1984) | Cited 277 times
... Opinion OF THE COURT ALDISERT, Circuit Judge. The question for decision in this appeal in a diversity action based on Pennsylvania law is whether the district court erred in dismissing the complaint. Because the parties were not precise in identifying the motion for dismissal, we shall proceed as ...
No. 96-60084
121 F.3d 984 (1997) | Cited 277 times
... Loretta Watkins sued Telsmith, Inc., after a conveyor manufactured by Telsmith's predecessor caused the death of her husband, Eugene Watkins. Telsmith removed the case to federal court, and the case proceeded to trial under the theory that the conveyor embodied an unreasonably dangerous design. ...
No. 47
91 S. Ct. 514 (1971) | Cited 272 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The petitioner, a longshoreman employed by an independent stevedoring contractor, was injured while engaged with his fellow employees in loading cargo aboard      the S. S. Edgar F. Luckenbach. He brought this action for damages against the ...
(D.C. Civ. No. 95-cv-00002)
115 F.3d 176 (1997) | Cited 270 times
... Filed May 28, 1997 Argued April 7, 1997 In this appeal we conclude that the United States Navy's failure to provide routine safeguards on a footpath leading to a structure under its control does not implicate the discretionary function exception to the Federal Tort Claims Act. See 28 U.S.C. ...
No. 12
53 S. Ct. 173 (1932) | Cited 269 times
... MR. JUSTICE CARDOZO delivered the opinion of the Court. Santiago, a seaman, shipped on the respondent's vessel for a voyage from the harbor of New York to Boca Grande, Florida, and return. On the home voyage, he fell ill of pneumonia, and died in a hospital after reaching the home port. His ...
No. 79-1700
622 F.2d 516 (1980) | Cited 268 times
... After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral ...
No. 48212
276 N.W.2d 63 (1979) | Cited 267 times
... 1. Where the determination of the meaning of an indemnification clause is a question of law, it will be reviewed as such even though the issue was submitted to the jury. In addition, where the trial court had an opportunity to rule on the verdict, the court in effect did construe the meaning of the ...
No. F021082
32 Cal.App.4th 218 (1995) | Cited 266 times
... In this case we address the question whether Government Code section 831.7, 1 which provides qualified immunity to public entities and public employees for injuries sustained by a person during "hazardous recreational activity," immunizes a school district from liability for injuries sustained by ...
No. 76-321
97 S. Ct. 2054 (1977) | Cited 264 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari in this case to decide whether the United States is liable under the Federal Tort Claims Act, 28 U.S.C. § 2674, to indemnify a third party for damages paid by it to a member of the Armed Forces injured in the course ...
No. 82
84 S. Ct. 748 (1964) | Cited 262 times
... MR. JUSTICE WHITE delivered the opinion of the Court. This is an action by a shipowner, Italia Societa per Azioni di Navigazione (Italia), against a contracting stevedore company, Oregon Stevedoring Company (Oregon), to recover indemnity for breach of the stevedore's implied warranty of ...
No. 97-475
525 U.S. 155 (1999) | Cited 261 times
... Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a Dissenting opinion. Opinion of the Court EL AL ISRAEL AIRLINES, LTD. v. TSUI YUAN TSENG ____ U. S. ____ (1999) NOTICE: This ...
No. 34
78 S. Ct. 394 (1958) | Cited 260 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. In this limitation proceeding brought by the respondent under §§ 183-186 of the Limited Liability Act, R. S. §§ 4281-4289, as amended, 46 U. S. C. §§ 181-196, the District Court for the Eastern District of Pennsylvania denied the petitioner's ...
No. 93-35389
52 F.3d 267 (1995) | Cited 259 times
... KLEINFELD, Circuit Judge: The sole issue before us is whether the defendant's contacts with the forum adequately supported the exercise of personal jurisdiction. We affirm the district court's dismissal, because they did not. I. FACTS The case was dismissed on what was called a motion for ...
No. 54592-8
770 P.2d 182 (1989) | Cited 258 times
... Plaintiff brought this action for medical malpractice and product liability before the King County Superior Court. That court granted summary judgment of dismissal in favor of all the defendants, and plaintiff appealed to the Court of Appeals. Finding this case to present "urgent issues of broad ...
No. 74-1936
521 F.2d 360 (1975) | Cited 250 times
... Opinion OF THE COURT GARTH, Circuit Judge In this diversity case the district court: (1) granted summary judgment on the plaintiff's complaint before adjudicating the defendant's pending counterclaim; and (2) certified that judgment as final under Fed. R. Civ. P. 54(b). This appeal challenges the ...
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