Legal Opinion

Norman McMunn v. Hertz Equipment Rental Corporation, Third-Party-Plaintiff-Appellee v. Eichleay Corporation, Third-Party-Defendant-Appellant

Court of Appeals for the Third Circuit

Decided May 20, 1986No. 85-2502PublishedCited by 37 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal requires us to consider a difficult issue of Indiana law pertaining to indemnity contracts — provided we satisfy ourselves that we have jurisdiction of the appeal.

McMunn was injured at a construction site while operating a “bobcat loader” that his employer, Eichleay, a construction contractor, had leased from Hertz and was using in the performance of a construction contract with Inland Steel. McMunn sued Hertz in state court, charging it with negligence in having failed to discover that the loader was defective. Hertz removed the case to federal court on the…

2Cases cited10 opinions

  1. Wickard v. FilburnSupreme Court of the United States · 1942
  2. Parks v. PavkovicCourt of Appeals for the Seventh Circuit · 1985
  3. Dimmitt & Owens Financial, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1986
  4. Cathy A. Williams v. Ford Motor Credit Company v. S & S Recovery, Inc. Cathy A. Williams, Ford Motor Credit Company v. S & S Recovery, Inc.Court of Appeals for the Eighth Circuit · 1980
  5. Fort Wayne Cablevision v. Indiana & Michigan Electric Co.Indiana Court of Appeals · 1983

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

3Cited by37 opinions

  1. Horn v. Transcon Lines, Inc.Court of Appeals for the Seventh Circuit · 1990
  2. State ex rel. White v. Cuyahoga Metropolitan Housing AuthorityOhio Supreme Court · 1997
  3. State ex rel. White v. Cuyahoga Metro. Hous. Auth.Ohio Supreme Court · 1997
  4. United Rentals Northwest, Inc. v. Yearout Mechanical, Inc.New Mexico Supreme Court · 2010
  5. State Street Bank & Trust Company v. Brockrim, Inc.Court of Appeals for the First Circuit · 1996

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

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