Legal Opinion
Olga Perez, Etc. And David Edward Perez v. Lockheed Corp. And General Electric Company
Court of Appeals for the Fifth Circuit
Decided July 5, 1996No. 95-50091PublishedCited by 12 opinions
1Per curiam
We clarify our panel opinion in this case by amending Section IV.B as follows:
B. The Defendants Had No Duty to Warn
In order to defeat the summary judgment, the plaintiffs must offer evidence tending to prove that the defendants knew about a danger created by the design of the wiring and that the failure to warn of that danger was the proximate cause of the injuries alleged. See Talley v. City Tank Corp., 158 Ga.App. 130, 279 S.E.2d 264 (1981). However, there is no duty to warn a purchaser of a physical fact that is open and obvious, or of any potential risk which is equally known and…
2Cases cited6 opinions
- Gibson v. Consolidated Credit Corp.Court of Appeals of Georgia · 1964
- Talley v. City Tank Corp.Court of Appeals of Georgia · 1981
- Young Men's Christian Assn. v. BaileyCourt of Appeals of Georgia · 1965
- Herschel McDaniel Funeral Home, Inc. v. HinesCourt of Appeals of Georgia · 1971
- Stuckey v. Northern Propane Gas Co.Court of Appeals for the Eleventh Circuit · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Steven Papp v. Fore-Kast Sales Co IncCourt of Appeals for the Third Circuit · 2016
- McLennan v. American Eurocopter Corp.Court of Appeals for the Fifth Circuit · 2001
- Kerstetter v. Pacific Scientific Co.Court of Appeals for the Fifth Circuit · 2000
- Deborah Ripley v. Foster Wheeler LLCCourt of Appeals for the Fourth Circuit · 2016
- Snell v. Bell Helicopter Textron, Inc.Court of Appeals for the Ninth Circuit · 1997
7 more not listed; retrieve them via the Exa API.