Legal Opinion
Smith v. Industrial Constructors, Inc.
Court of Appeals for the Fifth Circuit
Decided March 3, 1986No. 85-4616PublishedCited by 11 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The issues before us concern two adjustments to an award for lost earnings in a wrongful death case. The plaintiff’s decedent was killed in an automobile accident for which the district court, in a bench trial, found him seventy-five percent at fault. We must decide whether prejudgment interest should have been awarded on earnings lost between the time of death and the time of trial, and whether the damage award based on the decedent’s lost earnings was appropriately reduced by the amount of income tax he would have paid on those earnings.
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2Cases cited37 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Standard Life Ins. Co. of Indiana v. VealMississippi Supreme Court · 1977
- John R. McWeeney v. New York, New Haven and Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1960
- Sam H. Johnson v. Penrod Drilling Company, James L. Starnes v. Penrod Drilling CompanyCourt of Appeals for the Fifth Circuit · 1975
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3Cited by11 opinions
- Douglass v. Delta Air Lines, Inc.Court of Appeals for the Fifth Circuit · 1990
- Util. L. Rep. P 13,946, 38 Fed. R. Evid. Serv. 531 Concise Oil & Gas Partnership, Austral Oil Company, Inc. And Energy Consultants, Inc., Cross-Appellees v. Louisiana Intrastate Gas Corporation, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1993
- Concise Oil & Gas Partnership v. Louisiana Intrastate Gas Corp.Court of Appeals for the Fifth Circuit · 1993
- H & W Industries, Inc., Cross-Appellant v. Occidental Chemical Corp., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1990
- Claude R. Fauber, Jr., Administrator of the Estate of Bryan D. Fauber, Deceased v. Kem Transportation and Equipment Company, Inc., James E. Pfautz, Hudson Trailer and Truck Rental Company, Gek Rentals, Hughes Printing Company, a Division of Monroe Printing Company, and Pennsylvania Power and Light Company (Third Party Plaintiff) v. The Borough of East Stroudsburg, Third Party Appeal of Hughes Printing Company, a Division of Monroe Printing CompanyCourt of Appeals for the Third Circuit · 1989
6 more not listed; retrieve them via the Exa API.