Legal Opinion

Archie McConnell v. The Travelers Indemnity Company and Employers Casualty Company of Dallas

Court of Appeals for the Fifth Circuit

Decided May 24, 1965No. 21373PublishedCited by 21 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

This hard case involving, for the plaintiff, disastrous effects from splitting his cause of action, is an invitation to make bad law. We decline the invitation.

Mr. and Mrs. Archie McConnell, Louisiana residents, were both injured in an automobile accident. Under Louisiana community property law, the wife’s claim for personal injuries is her separate property; the husband’s claim for personal injuries belongs to the community. Claims for medical expenses for either spouse also belong to the community. LSA-Civil Code, Articles 2334 and 2402. As head and master of the…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Angel v. BullingtonSupreme Court of the United States · 1947
  3. Reed v. WarrenSupreme Court of Louisiana · 1931
  4. Norton v. Crescent City Ice Mfg. Co.Supreme Court of Louisiana · 1933
  5. Thompson v. Kivett ReelLouisiana Court of Appeal · 1946

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

3Cited by21 opinions

  1. William Hardin Bogard, Jr. v. Thomas D. Cook, Former Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1978
  2. In Re Uranium Antitrust Litigation. Westinghouse Electric CorporationCourt of Appeals for the Seventh Circuit · 1980
  3. Eugene A. CEMER, Plaintiff-Appellant, v. MARATHON OIL COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1978
  4. Flowers v. US Fidelity & Guaranty Co.Supreme Court of Louisiana · 1980
  5. Lloyd L. Hayes, Hayes, Inc. v. T. G. Solomon, Gulf States Theatres, Inc.Court of Appeals for the Fifth Circuit · 1979

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

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