Legal Opinion

Jimmy Quinn v. Southwest Wood Products, Inc. And Western Auto Supply Company

Court of Appeals for the Fifth Circuit

Decided July 2, 1979No. 77-1701PublishedCited by 84 opinions

1Opinion of the Court

GEE, Circuit Judge.

In this case a wooden ladder complying with or exceeding in its design all relevant OSHA and industry standards has been found by a jury to be nevertheless unreasonably dangerous to the user because its design was defective. 1 The evidence 'supporting this finding is sketchy and meager. We conclude that although it is sufficient to permit a guess or suspicion that the ladder failed through faulty design, it is not substantial. Our decision in Simien v. S. S. Kresge Co., 566 F.2d 551 (5th Cir. 1978), 2 therefore requires us to reverse if the question of evidentiary…

2Cases cited11 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
  3. Charles R. Little, Cross-Appellee v. Bankers Life and Casualty Company, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1970
  4. Wilford Simien v. S. S. Kresge Company, Defendant-Third-Party Modern Jackets v. Smith Brothers Manufacturing Company, Third-PartyCourt of Appeals for the Third Circuit · 1978
  5. LaGorga v. Kroger CompanyDistrict Court, W.D. Pennsylvania · 1967

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

3Cited by84 opinions

  1. Coker v. Amoco Oil Co.Court of Appeals for the Eleventh Circuit · 1983
  2. William J. Benson v. Robert H. AllphinCourt of Appeals for the Seventh Circuit · 1986
  3. E.J. Wilson, Dearest Davis, and Cassandra Linder, Plaintiffs v. Roland AttawayCourt of Appeals for the Eleventh Circuit · 1985
  4. Alexandro Puga v. About Tyme Transport, IncCourt of Appeals for the Fifth Circuit · 2019
  5. Joyce Wells v. Hico Independent School District, Etc., Veriena Braune v. Hico Independent School District, Etc.Court of Appeals for the Fifth Circuit · 1984

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