Legal Opinion

Bain v. IMC Global Operations, Inc.

Court of Appeals for the Tenth Circuit

Decided June 6, 2007No. 05-2351PublishedCited by 2 opinions

1Opinion of the Court

ORDER AND JUDGMENT *

TIMOTHY M. TYMKOVICH, Circuit Judge.

Jeffrey Bain’s surviving wife and son brought a wrongful death suit against Phil-co Construction, Inc., IMC Global Operations, Inc., and IMC Kalium Carlsbad Potash Company for fatal injuries suffered by Bain when a roll of industrial belting was knocked off of a flatbed and killed him. The IMC entities settled with the Bains prior to trial, leaving only Philco to face trial.

A federal jury sitting in diversity decided the accident was caused by a Philco employee working under the control of IMC at the time of the accident. Under New…

2Cases cited22 opinions

  1. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002
  2. Denton v. Yazoo & Mississippi Valley RailroadSupreme Court of the United States · 1932
  3. United States v. Iris Collette Jackson Dwight Dean JacksonCourt of Appeals for the Tenth Circuit · 2000
  4. Arons v. Office of Disciplinary Counsel of the Supreme Court of DelawareSupreme Court of the United States · 2000
  5. Oliveros v. MitchellCourt of Appeals for the Tenth Circuit · 2006

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

3Cited by2 opinions

  1. Moore v. KobachDistrict Court, D. Kansas · 2019
  2. Wirth v. PHC Las Cruces Inc.District Court, D. New Mexico · 2021

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