Legal Opinion
Gene Merker and Timothy Ebneth v. Robin Rice, Gordon Car & Truck Rental, Avis Rent-A-Car Systems, Inc.
Court of Appeals for the Second Circuit
Decided May 26, 1981No. 1002, Docket 80-9108PublishedCited by 76 opinions
1Opinion of the Court
FEINBERG, Chief Judge:
Plaintiffs Gene Merker and Timothy Ebneth appeal from a judgment of the United States District Court for the Southern District of New York, Thomas P. Griesa, J., dismissing their action for want of prosecution. Because we conclude that the dismissal constituted an abuse of the district judge’s discretion, we reverse and remand the case for trial.
I
Merker and Ebneth were injured in an automobile accident in January 1979, when the car in which they were passengers went out of control and hit the median divider of a highway on Long Island. Following the accident, Ebneth…
2Cases cited9 opinions
- Richard Chira v. Lockheed Aircraft Corp.Court of Appeals for the Second Circuit · 1980
- Eduardo Zavala Santiago v. Alfredo Gonzalez RiveraCourt of Appeals for the First Circuit · 1977
- Edward Davis v. United Fruit Company, Defendant-RespondentCourt of Appeals for the Second Circuit · 1969
- Mohamed Ali and Nadia Ali v. A & G Company, Inc. And Saadi IbrahimCourt of Appeals for the Second Circuit · 1976
- Davis v. Operation Amigo, Inc.Court of Appeals for the Tenth Circuit · 1967
4 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Enron Oil Corp. v. DiakuharaCourt of Appeals for the Second Circuit · 1993
- Lewis v. RawsonCourt of Appeals for the Second Circuit · 2009
- Anthony Romandette v. Weetabix Company, Inc.Court of Appeals for the Second Circuit · 1986
- Palmieri v. DefariaCourt of Appeals for the Second Circuit · 1996
- Lynda Peart v. City of New York, New York City Police Department, Raymond Kelly, David DinkinsCourt of Appeals for the Second Circuit · 1993
71 more not listed; retrieve them via the Exa API.