Legal Opinion

Castle v. Leach Co.

District Court, N.D. New York

Decided May 18, 1998No. 96-CV-0741PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM-DECISION & ORDER

MCAVOY, Chief District Judge.

Pending before the Court is plaintiff’s motion pursuant to Fed. R. Crv. P. 59 to set aside the judgment in the above-captioned action entered April 3, 1998 and to grant a new trial. For the reasons that follow, plaintiffs motion is denied.

BACKGROUND

This products liability and negligence action arose as a result of the death of David Castle while he was attempting to repair a garbage truck outfitted with a Leach S-III Packmaster 1 manufactured by defendant Leach Company. An eight-day jury trial commenced on March 23, 1998. On April 3,…

2Cases cited10 opinions

  1. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980
  2. Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
  3. Shiv B. Katara, as Administrator of Manisha Sportswear, Inc. Defined Pension Trust v. D.E. Jones Commodities, Inc., and Alpha O. NickelberryCourt of Appeals for the Second Circuit · 1987
  4. Victor Bevevino v. M. S. SaydjariCourt of Appeals for the Second Circuit · 1978
  5. Newmont Mines Limited and Esso Resources Canada Limited v. Hanover Insurance Company & Utica Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1986

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3Cited by3 opinions

  1. Prohaska v. Sofamor, S.N.C.District Court, W.D. New York · 2001
  2. Cayuga Indian Nation of New York v. PatakiDistrict Court, N.D. New York · 2001
  3. Matthews v. Tempe, City ofDistrict Court, D. Arizona · 2023

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