Legal Opinion
Banakus v. United Aircraft Corp.
District Court, S.D. New York
Decided September 23, 1968No. 68 Civ. 41PublishedCited by 20 opinions
1Opinion of the Court
MANSFIELD, District Judge.
In this diversity suit for personal injuries arising out of an airplane crash which occurred in January 1966 in Pennsylvania, suit was commenced on January 4, 1968, on behalf of Yachim G. Holochuck, a Massachusetts resident, claiming damages for personal injuries suffered as a result of defendant’s alleged negligence and breach of warranty. On the day when the action was commenced Holochuck, unbeknownst to his counsel, died. On May 16, 1968 his counsel moved, pursuant to Rule 15, F.R.Civ.P., for amendment of the complaint to claim wrongful death and conscious pain…
2Cases cited4 opinions
- Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
- Brooks v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- MacAffer v. Boston & Maine RailroadNew York Court of Appeals · 1935
- Banks v. Employers' Liability Assur. Corp.District Court, W.D. Missouri · 1944
3Cited by20 opinions
- Esposito v. United StatesCourt of Appeals for the Tenth Circuit · 2004
- Adelsberger v. United StatesUnited States Court of Federal Claims · 2003
- United States v. Estate of SchoenfeldDistrict Court, M.D. Florida · 2018
- Moore v. LutherCourt of Appeals of Kansas · 2001
- Destasio v. A-C Products Liability TrustDistrict Court, E.D. Pennsylvania · 2015
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