Legal Opinion
Daniel Cubbage v. Gerald L. Averett and Southern Farm Bureau and Insurance Company
Court of Appeals for the Fifth Circuit
Decided October 2, 1980No. 80-3099PublishedCited by 20 opinions
1Per curiam
The plaintiff Cubbage was severely injured in a gas explosion that occurred in his living quarters on his employer’s premises. He sued his employer and its insurer in tort. He appeals from the dismissal of his suit pursuant to the grant of summary judgment to the defendants. The defendants’ motion was grounded on the alleged exclusivity of a state workmen’s compensation remedy. We reverse the district court’s summary judgment because of genuine dispute as to material fact.
Undisputed Factual Showing
Cubbage was hired as a farmhand by his employer, Averett, to milk cows. He was allowed by…
2Cases cited8 opinions
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1969
- National Labor Relations Board v. Smith Industries, Inc.Court of Appeals for the Fifth Circuit · 1968
- Ed Arrington v. The City of Fairfield, AlabamaCourt of Appeals for the Fifth Circuit · 1969
- Bessie L. Harvey v. The Great Atlantic and Pacific Tea Company, Inc.Court of Appeals for the Fifth Circuit · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Municipal Bond Reporting Antitrust Litigation. Munitrad Systems, Inc. v. Standard and Poor's CorporationCourt of Appeals for the Fifth Circuit · 1982
- James White v. Carl ThomasCourt of Appeals for the Fifth Circuit · 1981
- Nasser v. City of HomewoodCourt of Appeals for the Eleventh Circuit · 1982
- Manolis Volyrakis v. M/v IsabelleCourt of Appeals for the Fifth Circuit · 1982
- Bernard Williams v. Shell Oil Company and Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1982
15 more not listed; retrieve them via the Exa API.