Legal Opinion
Laura Garner Davis v. National Gypsum Company
Court of Appeals for the Fifth Circuit
Decided October 15, 1984No. 84-4281PublishedCited by 29 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Maymon Lloyd Garner was killed on December 20, 1979, when a mortar shell prematurely exploded during Army training exercises at Fort Carson, Colorado. Garner was a Mississippi resident, but had been stationed at Fort Carson for approximately nine months prior to his death. On August 27, 1982, Laura Garner Davis filed this diversity action alleging that National Gypsum Company manufactured the defective mortar shell which caused her son’s death. The district court determined that under Mississippi choice of law rules, Colorado substantive law should apply. The…
2Cases cited13 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Mitchell v. CraftMississippi Supreme Court · 1968
- Vick v. CochranMississippi Supreme Court · 1975
- Butler v. United StatesCourt of Appeals for the Fifth Circuit · 1984
- Alexander Ramsay, Jr. v. The Boeing CompanyCourt of Appeals for the Fifth Circuit · 1970
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Shewbrooks v. AC AND S. INC.Mississippi Supreme Court · 1988
- Cox v. Howard, Weil, Labouisse, Friedrichs, Inc.Mississippi Supreme Court · 1993
- Allison v. ITE Imperial Corp.Court of Appeals for the Fifth Circuit · 1991
- Zurich American Ins. Co. v. GoodwinMississippi Supreme Court · 2006
- Allstate Ins. Co. v. GreenMississippi Supreme Court · 2001
24 more not listed; retrieve them via the Exa API.