Legal Opinion
W. J. Ross, Individually and as Next Friend for Joe Mark Ross, a Minor v. Up-Right, Inc.
Court of Appeals for the Fifth Circuit
Decided March 19, 1969No. 24921PublishedCited by 31 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
In this products liability case the plaintiff 1 sued Up-Right, Inc., manu facturer of a combination scaffold and ladder called the “Tallescope”, for damages sustained when a Tallescope overturned, plummeting Joe Mark Ross to the floor. Up-Right describes the ladder as a “telescoping aluminum work platform for over-head spot maintenance”, such as replacing a light bulb in a high ceiling. Ross sued on theories of breach of implied warranty, negligence, and res ipsa loquitur. Based on a jury verdict answering special issues in favor of the defendant, the district court…
2Cases cited21 opinions
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- Halepeska v. Callihan Interests, Inc.Texas Supreme Court · 1963
- Helene Curtis Industries, Inc. And Cosmair, Inc. v. Edd Pruitt and Marjorie Ann PruittCourt of Appeals for the Fifth Circuit · 1968
- Shamrock Fuel & Oil Sales Co. v. TunksTexas Supreme Court · 1967
- Dowell, Inc. v. JowersCourt of Appeals for the Fifth Circuit · 1948
16 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Turner v. General Motors Corp.Texas Supreme Court · 1979
- Reyes v. Wyeth LaboratoriesCourt of Appeals for the Fifth Circuit · 1974
- Seattle-First National Bank v. TabertWashington Supreme Court · 1975
- Cepeda v. Cumberland Engineering Company, Inc.Supreme Court of New Jersey · 1978
- Mike Bruce v. Martin-Marietta Corporation and Ozark Airlines, Inc.Court of Appeals for the Tenth Circuit · 1976
26 more not listed; retrieve them via the Exa API.