Legal Opinion
Whitehead v. Food Max of Mississippi, Inc.
Court of Appeals for the Fifth Circuit
Decided January 7, 1999No. 17-10235PublishedCited by 11 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
A jury having found that Kmart’s failure to provide adequate security for its parking lot was a cause of the abduction of Mrs. Whitehead and her daughter, and ensuing heinous criminal acts, the principal issue presented in Kmart’s appeal from the judgment in this Mississippi diversity action, by which Kmart seeks a new trial, is whether, because of the Whiteheads’ closing argument, the jury was influenced by passion and prejudice in awarding damages of $3.4 million. Concluding that the jury was so influenced, we must REVERSE and REMAND for a new trial on…
2Cases cited88 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Charles D. Gautreaux v. Scurlock Marine, Inc.Court of Appeals for the Fifth Circuit · 1997
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3Cited by11 opinions
- Tompkins v. CyrCourt of Appeals for the Fifth Circuit · 2000
- Whitehead v. Food Max of Mississippi, Inc.Court of Appeals for the Fifth Circuit · 1998
- Krieser Ex Rel. Krieser v. HobbsCourt of Appeals for the Fifth Circuit · 1999
- Bartel v. Alcoa Steamship Co.Court of Appeals for the Fifth Circuit · 2015
- Marcoux v. Farm Service and Supplies, Inc.District Court, S.D. New York · 2003
6 more not listed; retrieve them via the Exa API.