Fleming v. Michigan Mutual Liability Co.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GEWIN, Circuit Judge:
This is an action in tort for the recovery of damages against a liability insurer for the alleged negligence of its insured and the performance of surgery without consent, arising out of a skin graft transplant, technically termed a “homograft” from the person of the plaintiff-mother to her seriously injured minor daughter; and in addition, for alleged negligent treatment of the mother and the child. From a jury verdict and judgment in favor of the insurer in the United States District Court for the Eastern District of Louisiana, plaintiffs appeal.1
*187The plaintiffs specify…
2Cases cited6 opinions
- E. C. Messer and Texas Employers' Insurance Association v. L. B. Foster Company, Inc.Court of Appeals for the Fifth Circuit · 1958
- Rogers v. Lumbermens Mutual Casualty CompanyLouisiana Court of Appeal · 1960
- Shehee v. Aetna Casualty & Surety Co.District Court, W.D. Louisiana · 1954
- Elsie C. Wiper, of the Estate of Joseph W. Wiper, Deceased v. Erie Sand Steamship Co.Court of Appeals for the Second Circuit · 1961
- Southern Railway Company v. Richard Haynes and Grady Howard, Jr., by Next Friend, Grady Howard, Sr.Court of Appeals for the Fifth Circuit · 1961
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3Cited by14 opinions
- Lubbock Feed Lots, Inc., and Lockney Cooperative Gin v. Iowa Beef Processors, Inc.Court of Appeals for the Fifth Circuit · 1980
- Jeter v. St. Regis Paper Co.Court of Appeals for the Fifth Circuit · 1975
- Mitchell v. KeithCourt of Appeals for the Ninth Circuit · 1985
- Barrois v. Service Drayage CompanyLouisiana Court of Appeal · 1971
- Joseph H. Bommarito v. Penrod Drilling Corp.Court of Appeals for the Fifth Circuit · 1991
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