Legal Opinion
Sara Price v. David M. Westmoreland, Utah Carriers, Inc.
Court of Appeals for the Fifth Circuit
Decided March 19, 1984No. 83-1440PublishedCited by 42 opinions
1Opinion of the Court
GEE, Circuit Judge:
Plaintiff Sara Price was injured in a truck accident caused by the negligent driv ing of defendant David Westmoreland, a truck driver for defendant Utah Carriers, Inc., an interstate trucking company. The district court found that Westmoreland was negligent and that plaintiff sustained damages in the amount of $125,000, but applied Texas common law of agency to deny any recovery against Utah Carriers.
Plaintiff appeals, arguing that although this is a diversity case, federal regulation of interstate carriers preempts state law and renders Utah Carriers liable as a matter of…
2Cases cited11 opinions
- American Trucking Assns., Inc. v. United StatesSupreme Court of the United States · 1953
- Simmons v. KingCourt of Appeals for the Fifth Circuit · 1973
- Rodriguez v. AgerCourt of Appeals for the Tenth Circuit · 1983
- Doreen M. White v. Excalibur Insurance CompanyCourt of Appeals for the Fifth Circuit · 1979
- Cox v. Bond Transportation, Inc.Supreme Court of New Jersey · 1969
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Morris v. JTM Materials, Inc.Court of Appeals of Texas · 2002
- Empire Fire and Marine Ins. Co. v. Liberty Mutual Ins. Co.Court of Special Appeals of Maryland · 1997
- Wilkerson v. Allied Van Lines, Inc.Supreme Court of Pennsylvania · 1987
- Jackson v. WiseLouisiana Court of Appeal · 2018
- Nora Johnson, Administratrix of the Estate of Melvin Mattingly, Deceased v. S.O.S. Transport, Inc., Central Transport, Inc.Court of Appeals for the Sixth Circuit · 1991
37 more not listed; retrieve them via the Exa API.