Legal Opinion

Thomas Polk v. Ford Motor Company, Ethel Lee Marshall, Guardian v. Ford Motor Company

Court of Appeals for the Eighth Circuit

Decided June 1, 1976No. 73-1255, 73-1256PublishedCited by 104 opinions

1Opinion of the Court

WEBSTER, Circuit Judge.

Once again this Court is called upon to forecast whether a state (this time Missouri) would apply the “second collision” or “enhanced injury” doctrine to a products liability case within its jurisdiction. *263A divided panel1 reversed a judgment in favor of plaintiffs, and this Court, deeming the issue to be of significance, reheard the case en banc.

The operative facts are well established by the record. On October 9, 1969, Thomas Polk was driving a 1970 Ford Maverick at approximately 45 to 50 miles per hour on Interstate 70 in Kansas City, Missouri. His passenger was…

2Cases cited51 opinions

  1. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Palmer v. HoffmanSupreme Court of the United States · 1943
  4. Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
  5. Erling David Larsen v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1968

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3Cited by104 opinions

  1. Martha Ann Brundage Rozier v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1978
  2. Jones v. Otis Elevator Co.Court of Appeals for the Eleventh Circuit · 1988
  3. Buehler v. WhalenIllinois Supreme Court · 1978
  4. Jean Farner, as Administratrix of the Estate of John W. Farner, Deceased v. Paccar, Inc.Court of Appeals for the Eighth Circuit · 1977
  5. Jerry M. BASS; Bonnie Bass, Appellees, v. GENERAL MOTORS CORPORATION, AppellantCourt of Appeals for the Eighth Circuit · 1998

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

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