Legal Opinion
1st Lt. Jerome M. Pradier v. Jose Martin Elespuru and Luis Basterrechea D/B/A Basterrechea Distributing Company
Court of Appeals for the Ninth Circuit
Decided April 9, 1981No. 79-4078PublishedCited by 73 opinions
1Opinion of the Court
HUG, Circuit Judge:
Defendants appeal from the district court’s verdict for plaintiff in this personal injury action arising from an automobile accident in Oregon. Jurisdiction was based on diversity of citizenship. Appellants contend that the district court erred in denying a jury trial, and that the evidence did not support certain elements of the trial court’s damage award. We reverse and remand for a new trial by jury, and therefore do not reach the damage question.
Plaintiff requested a jury trial in the first and last sentences of the body of his complaint, but did not include the words…
2Cases cited6 opinions
- Aetna Insurance v. Kennedy Ex Rel. BogashSupreme Court of the United States · 1937
- Colgrove v. BattinSupreme Court of the United States · 1973
- M. D. Rutledge v. Electric Hose & Rubber CompanyCourt of Appeals for the Ninth Circuit · 1975
- Annette Heyman, Individually v. Robert S. KlineCourt of Appeals for the Second Circuit · 1972
- Trixler Brokerage Company, a California Corporation v. Ralston Purina Company, a CorporationCourt of Appeals for the Ninth Circuit · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Claudette Lutz v. Glendale Union High School, District No. 205 Governing Board of Glendale Union High School, District No. 205Court of Appeals for the Ninth Circuit · 2005
- Edward Allen White v. Wayne McGinnisCourt of Appeals for the Ninth Circuit · 1990
- Bell v. Cameron Meadows Land Co.Court of Appeals for the Ninth Circuit · 1982
- Susan D. Bereda, and Cross-Appellee v. Pickering Creek Industrial Park, Inc., and Cross-AppellantCourt of Appeals for the Third Circuit · 1989
- Solis v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2008
68 more not listed; retrieve them via the Exa API.