Legal Opinion
Whittenburg v. Werner Enterprises Inc.
Court of Appeals for the Tenth Circuit
Decided April 3, 2009No. 07-6063, 07-6119PublishedCited by 52 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
Mack Whittenburg was driving his pickup truck on the highway when he collided with a stalled tractor-trailer. Suffering a number of injuries, Mr. Whittenburg brought suit against Werner Enterprises, Inc., the trucking company, as well as Werner’s driver management company and the individual tractor-trailer drivers. The jury ultimately returned a verdict assessing the defendants’ negligence at 75% and Mr. Whittenburg’s damages at $3.2 million. The defendants timely appealed. We are compelled to reverse and remand for a new trial because of pervasive and improper remarks…
2Cases cited28 opinions
- Bland v. SirmonsCourt of Appeals for the Tenth Circuit · 2006
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- New York Central Railroad v. JohnsonSupreme Court of the United States · 1929
- Draper v. Airco, Inc.Court of Appeals for the Third Circuit · 1978
- O.C. Chick Fero v. Dareld KerbyCourt of Appeals for the Tenth Circuit · 1994
23 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Burke v. RegaladoCourt of Appeals for the Tenth Circuit · 2019
- Bill Barrett Corporation v. YMC Royalty CompanyCourt of Appeals for the Tenth Circuit · 2019
- Racher v. Westlake Nursing Home Ltd. PartnershipCourt of Appeals for the Tenth Circuit · 2017
- Matthews v. WorkmanCourt of Appeals for the Tenth Circuit · 2009
- United States v. Lopez-MedinaCourt of Appeals for the Tenth Circuit · 2010
47 more not listed; retrieve them via the Exa API.