Legal Opinion
Skipper v. United States Fidelity & Guaranty Co.
District Court, D. South Carolina
Decided February 27, 1978No. Civ. A. No. 77-1234PublishedCited by 2 opinions
1Opinion of the Court
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
HEMPHILL, District Judge.
By motion filed December 8, 1977, defendant seeks summary judgment by this court. Defendant contends there is no genuine issue as to any material fact, and, in addition, that plaintiff seeks damages which are so speculative as to fail as a proper basis for recovery, citing Whitman v. Seaboard Airline Railway, 107 S.C. 200, 92 S.E. 861 (1917), and Ransome v. Mimms, 320 *75F.Supp. 1110 (D.C.1970). Under Tompkins v. Erie R. Co., 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), the substantive law to be applied is that of South…
2Cases cited10 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Palmer v. Connecticut Railway & Lighting Co.Supreme Court of the United States · 1941
- Charles v. Texas Co.Supreme Court of South Carolina · 1942
- SC FINANCE CORP. OF ANDERSON v. West Side Finance Co.Supreme Court of South Carolina · 1960
- Commonwealth Tire Co. v. Tri-State Tire Co.West Virginia Supreme Court · 1972
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3Cited by2 opinions
- Beeck v. KapalisSupreme Court of Iowa · 1981
- Werman v. MaloneDistrict Court, D. Maine · 1990