Legal Opinion

Daniels v. Twin Oaks Nursing Home

Court of Appeals for the Eleventh Circuit

Decided December 6, 1982No. 81-7652PublishedCited by 160 opinions

1Opinion of the Court

GODBOLD, Chief Judge:

Plaintiff brought suit under 42 U.S.C. § 1983 and asserted a pendent state law negligence claim as administrator of the estate of his father, Isaac Daniels, for Daniels’ wrongful death. Daniels disappeared while under the care of the defendant nursing home and has not been seen since. In a trial conducted before a magistrate with the consent of the parties pursuant to 28 U.S.C. § 636(c) the jury returned a verdict of $1 million, but the magistrate entered a judgment n.o.v. and granted a new trial in the alternative that the judgment is reversed. We affirm the judgment…

2Cases cited29 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  4. Lavender v. KurnSupreme Court of the United States · 1946
  5. Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962

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

3Cited by160 opinions

  1. Williamson Oil Company, Inc. v. Philip Morris USACourt of Appeals for the Eleventh Circuit · 2003
  2. Benjamin H. Blackston, Wilmer L. Ring, John N. Turner, James N. Tanksley and Foster G. Hickox v. Shook and Fletcher Insulation Co., Ac & S, Inc.Court of Appeals for the Eleventh Circuit · 1985
  3. Alaska Pacific Assurance Co. v. BrownAlaska Supreme Court · 1984
  4. Spell v. McDanielDistrict Court, E.D. North Carolina · 1984
  5. Grajales-Romero v. American Airlines, Inc.Court of Appeals for the First Circuit · 1999

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

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