Legal Opinion
Verona Deloach Downs v. J. M. Huber Corporation
Court of Appeals for the Fifth Circuit
Decided September 21, 1978No. 76-4067PublishedCited by 17 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
Between the trial and the appeal of this diversity case the Texas Supreme Court rendered a decision that undercuts the basis for the trial court’s directed verdict for the defendant. We must decide whether the intervening state court decision operates retroactively. We conclude that it does and reverse and remand for further proceedings.
Bobby Ray Downs was employed by Fish Engineering and Construction Company. Huber Corporation, the defendant, hired Fish as an independent contractor to perform construction work on Huber’s premises. Downs was killed when a crane he was…
2Cases cited20 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. Schooner PeggySupreme Court of the United States · 1801
- Rosas v. Buddies Food StoreTexas Supreme Court · 1975
- Farley v. MM Cattle CompanyTexas Supreme Court · 1975
- Parker v. Highland Park, Inc.Texas Supreme Court · 1978
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sanchez v. SchindlerTexas Supreme Court · 1983
- Hilda Hegger, of the Estate of Fred P. Hegger, Plaintiff-Appellee v. George E. Green, and St. Luke's Hospital Center, Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1981
- Joseph C. Plyler v. Wheaton Van Lines, an Indiana Corporation and Raymond G. HuttonCourt of Appeals for the Ninth Circuit · 1981
- In Re Sioux, Ltd., Securities Litigation v. Coopers & Lybrand, First Small Business Investment Co. Of California v. Butler, Binion, Rice & Knapp, Coopers & Lybrand, Republic Venture Group, Inc. v. Butler, Binion, Rice & Knapp, Coopers & LybrandCourt of Appeals for the First Circuit · 1990
- Sample v. Freeman, Texas Court of Appeals, 9th District (Beaumont)1994
12 more not listed; retrieve them via the Exa API.