Legal Opinion
Kelly Gallimore v. Missouri Pacific Railroad Co.
Court of Appeals for the Fifth Circuit
Decided February 5, 1981No. 80-1390PublishedCited by 49 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
Plaintiff-Appellant Kelly Gallimore brings this appeal from a take-nothing judgment in the court below in his suit for damages, brought under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51-60 (1976). The first jury to hear the case found that Defendant-Appellee Missouri Pacific Railroad Company (MoPac) was not negligent, but that Gallimore’s own negligence was responsible for only 80% of his injuries; it assessed damages at $60,000. The district court believed this to be an inconsistent verdict, and granted a new tri al. Upon retrial, a second jury found…
2Cases cited24 opinions
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- DiBella v. United StatesSupreme Court of the United States · 1962
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- United States v. IndrelunasSupreme Court of the United States · 1973
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
19 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Fed. Sec. L. Rep. P 98,265 Fred Zeidman and Steven Youngelson v. J. Ray McDermott & Co., Inc.Court of Appeals for the Fifth Circuit · 1981
- Amiker v. Drugs for Less, Inc.Mississippi Supreme Court · 2000
- Galvan v. NorbergCourt of Appeals for the Seventh Circuit · 2012
- In re Baylor Medical Center at GarlandTexas Supreme Court · 2008
- Richard Deloach, Cross-Appellant v. Delchamps, Inc., Cross-Appellee. Richard Deloach v. Delchamps, Inc.Court of Appeals for the Fifth Circuit · 1990
44 more not listed; retrieve them via the Exa API.