Legal Opinion

Ezzie Welch, Administrator of the Estate of Samuel Welch v. Outboard Marine Corporation

Court of Appeals for the Fifth Circuit

Decided April 20, 1973No. 72-1974PublishedCited by 61 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This diversity case involves Louisiana products liability law. The question of particular interest as a matter of law is whether the district court properly charged the jury on what constitutes an “unreasonably dangerous” product in Louisiana.

Mrs. Ezzie Welch, mother of Samuel Welch, a minor, in her capacity as natural tutrix of her son, sued Outboard Marine Corporation for damages for personal injuries. Young Welch sustained a serious and painful injury when a lawn mower, manufactured by Outboard, threw a piece of wire from its rear that became deeply imbedded in his…

2Cases cited12 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
  3. Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
  4. McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
  5. Weber v. Fidelity & Casualty Insurance Co. of NYSupreme Court of Louisiana · 1971

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

3Cited by61 opinions

  1. Barker v. Lull Engineering Co.California Supreme Court · 1978
  2. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
  3. Casrell v. Altec Industries, Inc.Supreme Court of Alabama · 1976
  4. Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania · 2014
  5. Halphen v. Johns-Manville Sales Corp.Supreme Court of Louisiana · 1986

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

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