Legal Opinion

Smith v. Xerox Corp.

District Court, E.D. Louisiana

Decided July 7, 1989No. Civ. A. 85-5090Published

1Opinion of the Court

ARCENEAUX, District Judge.

Before the Court is defendant’s Motion to Dismiss Pursuant to Rule 12(b) and Alternative Motion for Summary Judgment and its Motion for Partial Dismissal of Cross Claim. These motions arise from a tort suit filed by plaintiff after being severely injured during military training exercises at Fort Polk, Louisiana when an explosive cartridge in a shoulder mounted VIPER weapon simulator he was preparing to fire exploded prematurely, burning his arm and upper chest. Plaintiff filed this suit for personal injuries November 15, 1984 in the United States District Court for…

2Cases cited13 opinions

  1. Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
  2. Schiavone v. FortuneSupreme Court of the United States · 1986
  3. Jagers v. Royal Indemnity CompanySupreme Court of Louisiana · 1973
  4. Elizabeth M. Hensgens, Individually, Etc. v. Deere & CompanyCourt of Appeals for the Fifth Circuit · 1989
  5. HMC MANAGEMENT v. New Orleans Basketball ClubLouisiana Court of Appeal · 1979

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