Legal Opinion
Marsha Lee Wallin, as Administratrix of the Estate of Carl R. Wallin, Deceased v. Allen Ernest Fuller and Nationwide Mutual Insurance Company
Court of Appeals for the Fifth Circuit
Decided April 20, 1973No. 72-1132PublishedCited by 58 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This case presents the question whether a trial court should instruct a jury on a theory of liability not mentioned in the pretrial order but supported by evidence introduced at the trial without objection. The district court declined so to instruct the jury. We reverse and remand for a new trial.
Carl Wallin was killed on August 16, 1970, when his Volkswagen, which he was driving, collided with a Pontiac driven by Allen Fuller on a two-lane highway near Lowndesboro, Alabama. Wallin held a policy of insurance with Nationwide Mutual Insurance Company, which contained a…
2Cases cited21 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Roy Ferrell v. Trailmobile, Inc.Court of Appeals for the Fifth Circuit · 1955
- Gerard M. Monod and Alys Monod v. Futura, Inc., a Delaware Corporation, Highlands, Inc., a Colorado Corporation, and Whipple Van Ness JonesCourt of Appeals for the Tenth Circuit · 1969
- W. C. Case v. Dan C. AbramsCourt of Appeals for the Tenth Circuit · 1965
- Eleanor Ely, Administratrix of the Estate of Elmer L. Ely, Deceased v. Reading CompanyCourt of Appeals for the Third Circuit · 1970
16 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Hardin v. Manitowoc-Forsythe Corp.Court of Appeals for the Tenth Circuit · 1982
- Trevino v. Celanese Corp.Court of Appeals for the Fifth Circuit · 1983
- Claxton L. Burns, on Behalf of Himself and Others Similarly Situated v. Thiokol Chemical CorporationCourt of Appeals for the Fifth Circuit · 1973
- Net MoneyIN, Inc. v. VeriSign, Inc.Court of Appeals for the Federal Circuit · 2008
- Herrera v. ValentineCourt of Appeals for the Eighth Circuit · 1981
53 more not listed; retrieve them via the Exa API.