Legal Opinion
McPhail v. Deere & Co.
Court of Appeals for the Tenth Circuit
Decided June 25, 2008No. 07-6142PublishedCited by 449 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
In June of 2004, Willis Ray McPhail, a Kiowa County, Oklahoma farmer, was killed when he started his tractor by bypassing its malfunctioning circuitry. When it started, the tractor suddenly lurched backward and ran him over, inflicting fatal injuries. His widow, Barbara Jean McPhail, brought suit in state court on her own behalf and on behalf of his estate against Deere & Co. (“Deere”), the manufacturer of the tractor. After the case was removed to federal court, the district court granted summary judgment in favor of Deere. Although it concluded that there was…
2Cases cited25 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002
- United States v. HaysSupreme Court of the United States · 1995
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3Cited by449 opinions
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- Bell v. Hershey Co.Court of Appeals for the Eighth Circuit · 2009
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