Legal Opinion
Leon West, Individually and as Personal Representative of the Estate of Gwendolyn West, Deceased v. Caterpillar Tractor Company, Inc.
Court of Appeals for the Fifth Circuit
Decided February 25, 1977No. 73-3217PublishedCited by 11 opinions
1Opinion of the Court
GEE, Circuit Judge:
A little over six years ago, Gwendolyn West was run over and killed on the Miami streets by a backing road grader manufactured by defendant. Trial of this diversity action filed by her representatives resulted in special verdicts of negligence, breach of implied warranty, and strict liability against defendant, of 35% comparative negligence contributing to her death on Mrs. West’s part, and of $125,000.00 damages. The trial court entered judgment on the strict liability finding for this full amount, less a set-off of $35,000.00 previously paid in partial satisfaction of the…
2Cases cited7 opinions
- Hoffman v. JonesSupreme Court of Florida · 1973
- West v. Caterpillar Tractor Company, Inc.Supreme Court of Florida · 1976
- McLeod v. WS Merrell Co., Div. of Richardson-MerrellSupreme Court of Florida · 1965
- Royal v. Black and Decker Manufacturing CompanyDistrict Court of Appeal of Florida · 1968
- Leon West, Individually and as Personal Representative of the Estate of Gwendolyn West, Deceased v. Caterpillar Tractor Company, Inc.Court of Appeals for the Fifth Circuit · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Safeway Stores, Inc. v. Nest-KartCalifornia Supreme Court · 1978
- Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1983
- Louis J. Rodrigue, Jr. v. Dixilyn Corporation, Placid Oil CompanyCourt of Appeals for the Fifth Circuit · 1980
- Stueve v. American Honda Motors Co., Inc.District Court, D. Kansas · 1978
- In Re Richard Lee McClintock Bankrupt. Edward W. Szczepanski, Jr., Trustee-Appellant v. General Motors Acceptance Corporation, in Re Paul Jean Portman, Jr., Bankrupt. Edward W. Szczepanski, Jr. v. Ford Motor Credit CompanyCourt of Appeals for the Fifth Circuit · 1977
6 more not listed; retrieve them via the Exa API.