Legal Opinion

Gaines v. Excel Industries, Inc.

District Court, M.D. Tennessee

Decided July 20, 1987No. 1-86-0043, 1-86-0038PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM

WISEMAN, Chief Judge.

Plaintiffs in these two diversity cases were injured at the Lawrenceburg, Tennessee, plant of their employer, Excel of Tennessee, Inc., in separate accidents involving stamp presses and related safety devices. Plaintiffs’ employer is immune from general tort liability by virtue of Tenn.Code Ann. § 50-6-108, the Workers Compensation Law. Defendant Xeel Controls, Inc., the manufacturer of safety switches attached to the press, has been voluntarily dismissed pursuant to Fed.R.Civ.P. 41. Defendant The Positive Safety Co., manufacturer of the press, was granted…

2Cases cited39 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
  5. Glanzer v. . ShepardNew York Court of Appeals · 1922

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3Cited by18 opinions

  1. Gurry v. Cumberland Farms, Inc.Massachusetts Supreme Judicial Court · 1990
  2. Sarah Speed v. Wyeth Pharmaceuticals, Inc.Court of Appeals for the Sixth Circuit · 2013
  3. Bujol v. Entergy Services, Inc.Supreme Court of Louisiana · 2006
  4. Volb v. G.E. Capital Corp.Supreme Court of New Jersey · 1995
  5. Messer Griesheim Industries, Inc. v. Cryotech of Kingsport, Inc.Court of Appeals of Tennessee · 2001

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