Legal Opinion

Maxey v. Freightliner Corp.

Court of Appeals for the Fifth Circuit

Decided January 25, 1982No. 78-2301PublishedCited by 74 opinions

1Opinion of the Court

SAM D. JOHNSON, Circuit Judge:

The Maxeys1 brought this action against Freightliner Corporation to recover actual and exemplary damages resulting from the deaths of Billy and Dee Maxey, who were killed when a fuel tank on a truck tractor manufactured by Freightliner ruptured and ignited. Following a jury trial, the district court entered judgment for $150,000 in favor of the Maxey children on the jury’s finding that the fuel system manufactured by Freightliner was defectively designed, but set aside the jury’s verdict for $10,000,-000 in exemplary damages, which was based on the jury’s finding…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  3. Burk Royalty Co. v. WallsTexas Supreme Court · 1981
  4. Alamo National Bank v. KrausTexas Supreme Court · 1981
  5. Fed. Sec. L. Rep. P 97,872 Lila A. Miley v. Oppenheimer & Company, Inc., Anthony L. Geller and John W. HamiltonCourt of Appeals for the Fifth Circuit · 1981

22 more not listed; retrieve them via the Exa API.

3Cited by74 opinions

  1. James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
  2. Robert Barnett, Cross-Appellant v. The Housing Authority of the City of Atlanta, Mrs. Dorothy L. Kelly, Cross-AppelleesCourt of Appeals for the Eleventh Circuit · 1983
  3. Farpella-Crosby v. Horizon Health CareCourt of Appeals for the Fifth Circuit · 1996
  4. Beatrice Mae Hansen v. Johns-Manville Products Corporation, Johns-Manville Sales CorporationCourt of Appeals for the Fifth Circuit · 1984
  5. Elliott v. Group Medical & Surgical ServiceCourt of Appeals for the Fifth Circuit · 1983

69 more not listed; retrieve them via the Exa API.

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