Legal Opinion
Fernandes v. Agar Supply Company, Inc.
Court of Appeals for the First Circuit
Decided July 30, 2012No. 11-1772PublishedCited by 4 opinions
1Opinion of the Court
LYNCH, Chief Judge.
In this personal injury action, Louis Fernandes sued AGAR Supply Company, Inc., for negligence in federal district court under diversity jurisdiction. Fernandes, a resident of Rhode Island, injured his back when he stepped into a hole in the floor of a tire “shed” which was on property leased by AGAR, a Massachusetts corporation, to Fernandes’s employer, Penske Truck Leasing. Whatever remedies Fernandes may have against Penske, he sued AGAR on the theory that it owed him a duty of care to maintain and repair the tire “shed” under the lease between AGAR and Penske. The…
2Cases cited10 opinions
- Farmers Insurance Exchange v. RNK, Inc.Court of Appeals for the First Circuit · 2011
- Guay v. BurackCourt of Appeals for the First Circuit · 2012
- Velazquez-Ortiz v. VilsackCourt of Appeals for the First Circuit · 2011
- Remy v. MacDonaldMassachusetts Supreme Judicial Court · 2004
- Lumber Mutual Insurance v. Zoltek Corp.Massachusetts Supreme Judicial Court · 1995
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