Legal Opinion
Smart v. American Welding & Tank Co.
Supreme Court of New Hampshire
Decided June 6, 2003No. 2002-110PublishedCited by 10 opinions
1Opinion of the CourtBroderick, J.
Defendant American Welding and Tank Company, Inc. (American) appeals from an order of the Superior Court (Burling, J.) denying its motion for summary judgment on the contribution claim of the *537co-defendant, Thom’s Transport Company, Inc. (TTC). We reverse and remand.
Viewing the evidence in the light most favorable to the nonmoving party, the trial court found the following facts. In December 1998, John Smart fell from a flatbed truck, owned and operated by TTC, while attempting to escape a rolling 1,000-gallon propane tank which he had been helping to unload. He died in February 1999,…
2Cases cited11 opinions
- United States v. Savage Truck Line, Inc. (Four Cases)Court of Appeals for the Fourth Circuit · 1953
- Franklin Stainless Corporation, a New York Corporation v. Marlo Transport Corporation, a New Jersey CorporationCourt of Appeals for the Fourth Circuit · 1984
- Mahan v. New Hampshire Department of Administrative ServicesSupreme Court of New Hampshire · 1997
- Decker v. New England Public Warehouse, Inc.Supreme Judicial Court of Maine · 2000
- Ebasco Services Inc. v. Pacific Intermountain Express Co.District Court, S.D. New York · 1975
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3Cited by10 opinions
- Charles Spence v. Esab Grp IncCourt of Appeals for the Third Circuit · 2010
- Porter v. City of ManchesterSupreme Court of New Hampshire · 2004
- Stroder v. Hilcorp Energy Co.Louisiana Court of Appeal · 2018
- Charles Spence v. Esab Grp IncCourt of Appeals for the Third Circuit · 2010
- Dean McMaster v. Dte Energy CompanyMichigan Supreme Court · 2022
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