Richard Leon Mitchell v. Young Refining Corporation
Court of Appeals for the Fifth Circuit
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
In a diversity action based on negligence, summary judgment was granted in favor of the defendant-appellee, Young Refining Corporation, on the grounds that the plaintiff-appellant Mitchell had assumed the risk of injury to himself when he stepped on some greasy pipes adjacent to a railroad spur on Young Refining’s premises. Finding that the district court correctly interpreted Georgia law applicable to the undisputed facts on the assumption of risk issue, we affirm.
I
Appellant Richard Leon Mitchell, a resident of Birmingham, Alabama, was an employee of Southern…
2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
- Southern Railway Co. v. HoganSupreme Court of Georgia · 1908
- Kreiss v. Allatoona Landing, Inc.Court of Appeals of Georgia · 1963
- Phelps v. Consolidated Equities Corp.Court of Appeals of Georgia · 1974
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- Allstate Insurance v. TraversDistrict Court, N.D. Florida · 1988
- Aretz v. United StatesDistrict Court, S.D. Georgia · 1978
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