Legal Opinion
Robert L. Abernathy and Joyce Abernathy v. Superior Hardwoods, Inc.
Court of Appeals for the Seventh Circuit
Decided April 5, 1983No. 82-2228PublishedCited by 95 opinions
1Opinion of the Court
POSNER, Circuit Judge.
One day in 1978 Robert Abernathy drove a flatbed truck loaded with logs to a sawmill in Indiana owned by Superior •Hardwoods. The logs were fastened to the bed of the truck with four chains. Abernathy released each chain but before he could stow them all in the cab of the truck Superior Hardwoods’ forklift began unloading the logs and one tumbled off and hit Abernathy in the back. Abernathy and his wife sued Superior Hardwoods for negligence, basing federal jurisdiction on diversity of citizenship, and got a jury verdict. Superior Hardwoods has appealed, arguing first…
2Cases cited43 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
38 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Alvin Hunter v. Allis-Chalmers Corporation, Engine Division, and Andre J. Lambert, DefendantsCourt of Appeals for the Seventh Circuit · 1986
- Jennie A. Mayer v. Gary Partners and Company, Limited, and K-Mart CorporationCourt of Appeals for the Seventh Circuit · 1994
- Ampat/midwest, Inc., Cross-Appellee v. Illinois Tool Works Inc., Cross-Appellant, and Triangle Fastener Corp.Court of Appeals for the Seventh Circuit · 1990
- Knapp v. WhitakerCourt of Appeals for the Seventh Circuit · 1985
- Kunz v. DeFeliceCourt of Appeals for the Seventh Circuit · 2008
90 more not listed; retrieve them via the Exa API.