Legal Opinion
Donald E. Lucas v. American Manufacturing Co., a Corporation, American Manufacturing Co.
Court of Appeals for the Fifth Circuit
Decided November 10, 1980No. 79-3749PublishedCited by 55 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
The issue in this case is whether a jury verdict in favor of plaintiff-appellant Donald Lucas should be set aside because of inadequacy of damages. Because we find that the trial court abused its discretion in refusing to grant a new trial, we reverse and remand for a new trial on all issues.
Plaintiff was injured at work when, in attempting to repair a bag banding machine, his head became caught in the mechanism. He brought a diversity suit in federal court against appellee American Manufacturing Company, the manufacturer of the machine, under three theories: (1)…
2Cases cited13 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
- Massachusetts Mutual Life Insurance v. LudwigSupreme Court of the United States · 1976
- Irven Green and Robert Benjamin Smith v. United States of America, Arnold Jack Johnson v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- United States v. Douglas Earl FosslerCourt of Appeals for the Fifth Circuit · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Burger King Corp. v. MasonCourt of Appeals for the Eleventh Circuit · 1983
- Charles Franklin Westbrook, Jr., Pilot Point Ready-Mix, Inc., Intervenor-Appellee v. General Tire and Rubber Company, Etc.Court of Appeals for the Fifth Circuit · 1985
- Michael Jones and Harold Jones v. Wal-Mart Stores, Inc., and Shinn Fu of America, Inc.Court of Appeals for the Fifth Circuit · 1989
- Paul J. Gaspard v. Taylor Diving & Salvage Co., Inc.Court of Appeals for the Fifth Circuit · 1981
- Dennis J. Turnbull v. United States of America, Defendant-Counter v. Johnny Foster, CounterCourt of Appeals for the Fifth Circuit · 1991
50 more not listed; retrieve them via the Exa API.