Legal Opinion
Jerry Baker, Jerry Baker v. Mercedes Benz of North America Daimler Benz Ag
Court of Appeals for the Fifth Circuit
Decided May 21, 1997No. 95-21081PublishedCited by 19 opinions
1Opinion of the Court
POLITZ, Chief Judge:
This matter involves the timeliness of an appeal from adverse rulings on motions for summary judgment in a personal injury case. Because the trial court refused to enter a separate document judgment as Rule 58 requires, we must vacate and remand.
BACKGROUND
Jerry Baker used a friend’s 1985 Mercedes Benz 380 SE to go to a store to buy cigarettes. During the trip he alleges that the Mercedes 380 SE suddenly and unexpectedly accelerated uncontrollably. 1 Baker lost control of the vehicle and struck a utility pole, sustaining serious injuries.
The wrecked Mercedes apparently went…
2Cases cited13 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- United States v. IndrelunasSupreme Court of the United States · 1973
- Claude Whitaker v. City of Houston, TexasCourt of Appeals for the Fifth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Selletti v. CareyCourt of Appeals for the Second Circuit · 1999
- Puerto Rico Aqueduct and Sewer Authority v. Constructora Lluch, Inc., and Cna Casualty of Puerto Rico, Inc.Court of Appeals for the First Circuit · 1999
- Selletti v. CareyCourt of Appeals for the Second Circuit · 1999
- Pack v. Burns International Security ServiceCourt of Appeals for the D.C. Circuit · 1997
- Hammack v. Baroid CorporationCourt of Appeals for the Fifth Circuit · 1998
14 more not listed; retrieve them via the Exa API.