Legal Opinion
Cates v. Creamer
Court of Appeals for the Fifth Circuit
Decided November 28, 2005No. 03-10404PublishedCited by 28 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The lease for the Hertz rental car was executed in Florida. The wreck and Bobby Cates’s injuries occurred in Texas. The defendant driver, Matthew Scott Creamer, momentarily went to sleep while driving. Mr. Cates’s car had stalled on the side of the highway when Creamer hit it, severely injuring Bobby Cates. The first jury found no negligence and returned its verdict for the defendant, Creamer. The district court granted a new trial. The second jury found Creamer 70% at fault for the accident and awarded damages to the plaintiff. The court, however, applied Texas…
2Cases cited24 opinions
- Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
- Kenneth Smith v. Transworld Drilling Company Vessel, Rig 44, in RemCourt of Appeals for the Fifth Circuit · 1985
- Shows v. Jamison Bedding, Inc.Court of Appeals for the Fifth Circuit · 1982
- Schneider v. Esperanza Transmission Co.Texas Supreme Court · 1987
- Perez v. Lockheed Corp.Court of Appeals for the Fifth Circuit · 1996
19 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling Usa, Inc.Court of Appeals for the Federal Circuit · 2012
- Nix v. Major League BaseballCourt of Appeals for the Fifth Circuit · 2023
- Carbo Ceramics, Inc. v. KeefeCourt of Appeals for the Fifth Circuit · 2006
- Northrop Grumman Ship Systems, Inc. v. Ministry of Defense of the Republic of VenezuelaCourt of Appeals for the Fifth Circuit · 2009
- Mc Asset Recovery, LLC v. Commerzbank AgDistrict Court, N.D. Texas · 2010
23 more not listed; retrieve them via the Exa API.