Legal Opinion

Myrl E. Etheridge and Billy E. Etheridge, Permanent Administrator of the Estate of Edwin E. Etheridge v. Piper Aircraft Corporation

Court of Appeals for the Fifth Circuit

Decided September 23, 1977No. 75-4306PublishedCited by 6 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

The question for decision is whether the district court erred in dismissing appellants’ diversity action for failure to satisfy the jurisdictional amount requirement of 28 U.S.C. § 1332. Although dispute exists as to which state’s unlawful death law governs the damages available, we nevertheless reverse because, regardless of which law governs, it cannot be said, to a legal certainty, that $10,000 is not recoverable.

The appellants brought suit against appellee for the wrongful death of their son, Edwin Etheridge. Appellants alleged that the decedent and his wife…

2Cases cited3 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Bell v. Preferred Life Assurance SocietySupreme Court of the United States · 1943
  3. Smyer v. GainesDistrict Court of Appeal of Florida · 1976

3Cited by6 opinions

  1. King v. GandolfoDistrict Court, M.D. Florida · 1989
  2. Kinser v. Ford Motor Credit Co.District Court, E.D. Tennessee · 1979
  3. Lindsay v. American General Life & Accident InsuranceDistrict Court, N.D. Alabama · 2001
  4. BADGER CONTRACTING INC NC v. STATE FARM FIRE AND CASUALTY COMPANYDistrict Court, M.D. Georgia · 2024
  5. BADGER CONTRACTING INC NC v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANYDistrict Court, M.D. Georgia · 2024

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