Legal Opinion

David C. Ellis, Next Friend of Jacob Ray Ellis v. K-Lan Co., Inc.

Court of Appeals for the Fifth Circuit

Decided January 14, 1983No. 81-1614PublishedCited by 18 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

This is an appeal in a diversity action from a judgment for damages rendered in favor of appellee against appellant for personal injuries sustained by appellee’s two-year-old child when the child opened the cap on a container of acid-based drain declogger, spilled the contents on himself, and sustained chemical burns to his body. The primary questions are (1) whether the district court abused its discretion in allowing appellee’s expert witness to testify as to his opinion respecting the defectiveness of the container cap, and (2) whether the district court erred in…

2Cases cited31 opinions

  1. Farley v. MM Cattle CompanyTexas Supreme Court · 1975
  2. Rourke v. GarzaTexas Supreme Court · 1975
  3. Boatland of Houston, Inc. v. BaileyTexas Supreme Court · 1980
  4. Wyeth Laboratories v. ReyesSupreme Court of the United States · 1974
  5. Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975

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3Cited by18 opinions

  1. Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
  2. Clarence F. Davis v. Combustion Engineering, Inc.Court of Appeals for the Sixth Circuit · 1984
  3. Wagoner v. Exxon Mobil Corp.District Court, E.D. Louisiana · 2011
  4. Holly Shipp v. General Motors CorporationCourt of Appeals for the Fifth Circuit · 1985
  5. Hyundai Motor Co. v. AlvaradoTexas Supreme Court · 1998

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