Legal Opinion

Affiliated FM Insurance v. Neosho Construction Co.

District Court, D. Kansas

Decided April 6, 2000No. CIV.A.98-2414-KHVPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

VRATIL, District Judge.

Affiliated FM Insurance Company (“Affiliated”) filed this subrogation suit on behalf of its insured, Parsons Railway Shops, Inc. (“Parsons Railway”), against Neosho Construction Company, Inc. (“Neosho”). In the suit, Affiliated alleged that Neosho employees were negligent in starting a fire at the Parsons Railway premises. On November 15, 1999, a jury found that the employees were borrowed servants of Parsons Railway at the time of the fire, and that Neosho and Parsons Railway were each 50 per cent at fault for the fire. Consequently, applying Kansas…

2Cases cited42 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hanna v. PlumerSupreme Court of the United States · 1965
  3. McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
  4. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  5. Walker v. Armco Steel Corp.Supreme Court of the United States · 1980

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3Cited by5 opinions

  1. Rivera v. RiveraDistrict Court, D. Kansas · 2003
  2. Sunlight Saunas, Inc. v. Sundance Sauna, Inc.District Court, D. Kansas · 2006
  3. McCoy v. Whirlpool Corp.District Court, D. Kansas · 2005
  4. Golden Peanut Co. v. BassCourt of Appeals of Georgia · 2001
  5. J. Greg Horinek v. Spirit Aerosystems, Inc.District Court, D. Kansas · 2026

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