Phillip Davis, Jr., and Betty Ann Davis v. Huskipower Outdoor Equipment Corporation
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DUHÉ, Circuit Judge.
A man injured in a chain-saw accident sued the distributor of the saw, claiming that a broad release he signed in an earlier state action did not release this defendant from liability. His wife, who had not participated in the earlier suit, joined as a plaintiff in this suit, claiming damages for loss of consortium. The district court dismissed the case with prejudice. We affirm the dismissal of the husband’s claims but reverse and remand the dismissal of the wife’s loss-of-consortium claim.
In 1986 Phillip Davis, Jr. sued three businesses in Louisiana state court for…
2Cases cited20 opinions
- Mrs. Frania Tye Lee v. Ray Lee Hunt, of the Estate of H. L. Hunt v. Hugh S. HuntCourt of Appeals for the Fifth Circuit · 1980
- Hartford Accident & Indemnity Company v. Costa Lines Cargo Services, Inc., Evergreen Marine Corporation (New York) Ltd., Etc.Court of Appeals for the Fifth Circuit · 1990
- Funding Systems Leasing Corporation v. Garland B. Pugh, Sr., Individually and D/B/A Georgia Tractor and Equipment CompanyCourt of Appeals for the Fifth Circuit · 1976
- Donald Yoffe v. Keller Industries, Inc., a Corporation and Henry A. Keller and Norman S. Edelcup, IndividualsCourt of Appeals for the Fifth Circuit · 1978
- Carona v. State Farm Ins. Co.Supreme Court of Louisiana · 1984
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- Southern Snow Manufacturing Co. v. Snowizard Holdings, Inc.District Court, E.D. Louisiana · 2013
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