Legal Opinion
Timothy A. McKay by and Through His Guardian and Next Friend, Thomas G. McKay v. Boyd Construction Co., Inc. And Mississippi State Highway Department
Court of Appeals for the Fifth Circuit
Decided August 30, 1985No. 84-4832PublishedCited by 71 opinions
1Opinion of the Court
CLARK, Chief Judge:
Plaintiff appeals the dismissal of his action. We vacate and remand.
I
Timothy McKay, a Wisconsin resident, was seriously injured at age two in 1967 when the car in which he was riding struck the abutment of a bridge on U.S. Highway No. 49 in Mississippi. The bridge had been constructed in accord with the designs and specifications prepared by the Mississippi State Highway Commission (Commission) and approved by the Federal Bureau of Public Roads.
In 1962 the Commission had contracted with Boyd Construction Co., Inc. (Boyd) to perform the basic work involved in building the…
2Cases cited11 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Florida Department of Health & Rehabilitative Services v. Florida Nursing Home Ass'nSupreme Court of the United States · 1981
- Coker v. Amoco Oil Co.Court of Appeals for the Eleventh Circuit · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Wisconsin Department of Corrections v. SchachtSupreme Court of the United States · 1998
- Billy Joe Shaw v. Dow Brands, Inc.Court of Appeals for the Seventh Circuit · 1993
- Lee v. American National Insurance CompanyCourt of Appeals for the Ninth Circuit · 2001
- Rebecca Laughlin v. The Prudential Insurance Co.Court of Appeals for the Fifth Circuit · 1989
- Texas Ex Rel. Board of Regents of the University of Texas System v. WalkerCourt of Appeals for the Fifth Circuit · 1998
66 more not listed; retrieve them via the Exa API.