Legal Opinion

Clark v. EPCO Inc.

Court of Appeals for the Fifth Circuit

Decided April 29, 2010No. 09-60653Published

1Opinion of the Court

PER CURIAM: *

Jennifer Renee Clark appeals the district court’s grant of summary judgment in favor of EPCO, Inc. (“EPCO”) and Sedric J. Harmon. Clark sued EPCO and Harmon after her husband, Master Sergeant Albert Clark (“the decedent”), was killed in a car accident while stuck in traffic caused by a prior rollover accident involving Harmon, an EPCO employee. The district court held that Harmon owed no duty to the decedent and did not proximately cause the accident which killed the decedent. Because we find that EPCO and Harmon could not have reasonably foreseen the accident causing Clark’s…

2Cases cited23 opinions

  1. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
  2. Lynch Properties, Inc. v. Potomac InsuranceCourt of Appeals for the Fifth Circuit · 1998
  3. Lyle v. MladinichMississippi Supreme Court · 1991
  4. Chaney v. Dreyfus Service Corp.Court of Appeals for the Fifth Circuit · 2010
  5. Rein v. Benchmark Const. Co.Mississippi Supreme Court · 2004

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