Legal Opinion

Elizabeth Watkins v. Barber-Colman Company, Inc.

Court of Appeals for the Fifth Circuit

Decided September 12, 1980No. 80-7295PublishedCited by 11 opinions

1Opinion of the Court

RONEY, Circuit Judge:

In this Georgia diversity products liability action, we sustain the summary judgment for defendant as to the strict liability and breach of warranty counts under the substantive law of Georgia, but reverse the district court’s determination that the negligence count is barred by the statute of limitations.

The following facts are undisputed. On February 28, 1978, plaintiff injured her right hand and arm while working at a machine called a Barber-Colman Warper, used in the processing of cotton. The machine had been manufactured, sold and delivered by defendant to…

2Cases cited17 opinions

  1. Center Chemical Co. v. ParziniSupreme Court of Georgia · 1975
  2. Johnson v. Star MacHinery CompanyOregon Supreme Court · 1974
  3. Everhart v. Rich's, Inc.Supreme Court of Georgia · 1972
  4. Ellis v. Rich's, Inc.Supreme Court of Georgia · 1975
  5. Whitaker v. Harvell-Kilgore Corp.Court of Appeals for the Fifth Circuit · 1969

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3Cited by11 opinions

  1. Starling v. Seaboard Coast Line RailroadDistrict Court, S.D. Georgia · 1982
  2. Best Canvas Products & Supplies, Inc. v. Ploof Truck Lines, Inc.Court of Appeals for the Eleventh Circuit · 1983
  3. Bellman v. NXP Semiconductors USA, Inc.District Court, D. New Mexico · 2017
  4. Allen Fordham and Willie Hightower v. Belcher Towing CompanyCourt of Appeals for the Eleventh Circuit · 1983
  5. Wells Ex Rel. Maihafer v. Ortho Pharmaceutical Corp.District Court, N.D. Georgia · 1985

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