Legal Opinion

Alton Petes v. John P. Hayes v. American Optical Corporation

Court of Appeals for the Fifth Circuit

Decided December 23, 1981No. 80-3506PublishedCited by 19 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

Alton Petes filed this diversity suit claiming that respirators which were supplied to him on his job were defective and caused his debilitating lung condition. The jury returned a verdict for the defendant, and Petes appeals. We find that the district court’s special interrogatories were inconsistent with the jury instructions and therefore likely to confuse or mislead the jury. In order to correct this error, we reverse and remand.

Petes was employed by National Gypsum Company from 1948 to 1977. Beginning in February 1949, he worked as a cutter in the asbestos shingle…

2Cases cited7 opinions

  1. Travelers Insurance Company v. Busy Electric Company, Z. Kermit Remy and Raymond VoelkerCourt of Appeals for the Fifth Circuit · 1961
  2. Weymouth v. Colorado Interstate Gas Co.Court of Appeals for the Fifth Circuit · 1966
  3. Straley v. Calongne Drayage and Storage, Inc.Supreme Court of Louisiana · 1977
  4. Paul L. Tugwell v. A. F. Klaveness & CompanyCourt of Appeals for the Fifth Circuit · 1963
  5. The American Oil Company v. John H. HartCourt of Appeals for the Fifth Circuit · 1966

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

3Cited by19 opinions

  1. Gideon v. Johns-Manville Sales Corp.Court of Appeals for the Fifth Circuit · 1985
  2. Bearint Ex Rel. Bearint v. Dorel Juvenile Group, Inc.Court of Appeals for the Eleventh Circuit · 2004
  3. Margaret Sharon Worsham v. A.H. Robins CompanyCourt of Appeals for the Eleventh Circuit · 1984
  4. George C. Hibma v. Richard T. Odegaard, James Nikodem, and Michael Paul Szula, and Sawyer County, Wisconsin, InterveningCourt of Appeals for the Seventh Circuit · 1985
  5. Roland Ware v. Kenneth Dean Reed, as an Individual and in His Capacity as Sheriff of Caldwell County, TexasCourt of Appeals for the Fifth Circuit · 1983

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

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