Legal Opinion

Luda Foster, Etc. v. Ford Motor Company, McLean Trucking Company v. Ford Motor Company

Court of Appeals for the Fifth Circuit

Decided July 15, 1980No. 77-2622PublishedCited by 43 opinions

1Opinion of the Court

RONEY, Circuit Judge:

This is a products liability case based on diversity jurisdiction arising out of a two truck collision in Dallas County, Texas. The jury found there was no defect in the Ford truck which caused loss of control. Against plaintiffs’ claim on appeal that the district court erred in instructing the jury on strict liability only, refusing to instruct on negligence and breach of warranty, and in refusing admission into evidence of a design change made after the manufacture of the truck but before the accident, we affirm.

Thomas D. Foster, a McLean Trucking Co. driver, was killed…

2Cases cited24 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
  3. Rourke v. GarzaTexas Supreme Court · 1975
  4. Nobility Homes of Texas, Inc. v. ShiversTexas Supreme Court · 1977
  5. Turner v. General Motors Corp.Texas Supreme Court · 1979

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

3Cited by43 opinions

  1. Hyundai Motor Co. v. Rodriguez Ex Rel. RodriguezTexas Supreme Court · 1999
  2. Fed. Sec. L. Rep. P 98,777, 11 Fed. R. Evid. Serv. 781 Chemetron Corporation, Cross-Appellant v. Business Funds, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
  3. Joyce Wells v. Hico Independent School District, Etc., Veriena Braune v. Hico Independent School District, Etc.Court of Appeals for the Fifth Circuit · 1984
  4. United States v. Jose Jimenez LopezCourt of Appeals for the Fifth Circuit · 1989
  5. United States v. SkipperCourt of Appeals for the Fifth Circuit · 1996

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

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