Legal Opinion
Merced v. Auto Pak Co.
Court of Appeals for the Second Circuit
Decided April 2, 1976No. 185, Docket 75-7273PublishedCited by 5 opinions
1Opinion of the Court
OAKES, Circuit Judge:
This appeal is in a diversity suit for personal injuries and loss of consortium1 resulting from an accident which occurred on July 13, 1972, to Felix Merced, an apartment house porter, while working at a trash compactor manufactured by the appellee, Auto Pak Co., Inc. (Auto Pak). The United States District Court for the Southern District of New York, Harold R. Tyler, Jr., Judge, set aside a verdict for the appellant Felix Merced on the issue of liability only. A special jury verdict2 had found that appellant was not contributorily negligent, that the machine was…
2Cases cited18 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Codling v. PagliaNew York Court of Appeals · 1973
- Campo v. ScofieldNew York Court of Appeals · 1950
- Goldberg v. Kollsman Instrument Corp.New York Court of Appeals · 1963
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3Cited by5 opinions
- Antonio Napoli v. (Transpacific Carriers Corp. And Universal Cargo Carriers, Inc.) Hellenic Lines, Ltd.Court of Appeals for the Second Circuit · 1976
- Urena v. The Biro Manufacturing CompanyCourt of Appeals for the Second Circuit · 1997
- Anglo Eastern Bulkships Ltd. v. Ameron, Inc.District Court, S.D. New York · 1982
- Felix Merced and Modesta Merced v. Auto Pak Co., Inc., S & C Liquidating Corp., Auto Pak Co., Inc., Third Party v. Southbridge Towers, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1976
- Urena v. Biro Manufacturing Co.Court of Appeals for the Second Circuit · 1997