Legal Opinion

Lonnie E. Pope v. Holiday Inns, Inc., Etc.

Court of Appeals for the Fifth Circuit

Decided August 24, 1972No. 71-2822PublishedCited by 5 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

This diversity case, which arose out of a slip and fall on an icy motel parking lot, presents one of those rare occasions when we are favored with a recent dis-positive ease that gives us guidance that the trial court did not enjoy. After a jury returned a verdict for the plaintiff-appellant, the learned trial judge interpreted Texas law as establishing evidentiary standards that appellant had not met and accordingly granted appellees’ motion for judgment notwithstanding the verdict. Texas law in this area of negligence often provides a treacherous path, but a recent…

2Cases cited4 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Halepeska v. Callihan Interests, Inc.Texas Supreme Court · 1963
  3. Adam Dante Corporation v. SharpeTexas Supreme Court · 1972
  4. Dodd v. Trans-Texas Theatres, Inc.Court of Appeals of Texas · 1971

3Cited by5 opinions

  1. Wal-Mart Stores, Inc. v. Surratt, Texas Court of Appeals, 11th District (Eastland)2003
  2. Kelley v. General Telephone Co. of SouthwestCourt of Appeals for the Fifth Circuit · 1973
  3. Treadway Companies, Inc. v. Brunswick CorporationDistrict Court, D. New Jersey · 1973
  4. Max Franklin Kelley v. General Telephone Company of the Southwest, Third-Party Plaintiff-Appellant-Appellee v. Vernon L. Clark, D/B/A Clark Enterprises, Third-Party Pacific Indemnity Company, Intervenor-AppelleeCourt of Appeals for the Third Circuit · 1973
  5. Wal-Mart Stores, Inc. v. Linda Ruth Surratt, Texas Court of Appeals, 11th District (Eastland)2003

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