Legal Opinion

Perry Hamburger, Plaintiff-Appellant-Cross-Appellee v. State Farm Mutual Automobile Insurance Company, Defendant-Appellee-Cross-Appellant

Court of Appeals for the Fifth Circuit

Decided March 2, 2004No. 02-21126PublishedCited by 179 opinions

1Opinion of the Court

*878LYNN, District Judge:

Perry Hamburger appeals the trial court’s grant of partial summary judgment on his extra-contractual claims, the striking of his expert witness’s testimony on causation, the entry of judgment as a matter of law that Hamburger was not entitled to recover for pain and suffering or medical expenses related to his herniated disc, and the offset of the jury verdict with the $35,000 in benefits previously paid to Hamburger. We affirm in part, and reverse and remand in part.

I. BACKGROUND

On July 26, 1999, Hamburger was involved in an automobile accident caused by another driver.…

2Cases cited31 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. International Shortstop, Inc., and Sam Talkington v. Rally's, Inc.Court of Appeals for the Fifth Circuit · 1991
  3. Burroughs Wellcome Co. v. CryeTexas Supreme Court · 1995
  4. Mathis v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
  5. Robert Geiserman v. John H. MacDonald A.B. & A.B. & AssociatesCourt of Appeals for the Fifth Circuit · 1990

26 more not listed; retrieve them via the Exa API.

3Cited by179 opinions

  1. Meaux Surface Protection, Inc. v. FoglemanCourt of Appeals for the Fifth Circuit · 2010
  2. Gregory Johnson v. Arkema, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
  3. Bellville v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 2005
  4. Leonard v. Nationwide Mutual InsuranceCourt of Appeals for the Fifth Circuit · 2007
  5. McCaig Ex Rel. Estate of McCaig v. Wells Fargo Bank (Texas), N.A.Court of Appeals for the Fifth Circuit · 2015

174 more not listed; retrieve them via the Exa API.

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