Legal Opinion

prod.liab.rep. (Cch) P 15,032 Daniel Freeman, and Mary Freeman v. Case Corporation, A/K/A J.I. Case Company, a Tenneco Corporation Case International

Court of Appeals for the Fourth Circuit

Decided July 8, 1997No. 96-1626PublishedCited by 53 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge HAMILTON and Judge LEGG joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this product liability diversity case, after the jury awarded the plaintiff substantial damages, the district court granted the defendant’s motion for judgment. Because the district court erred in concluding that the hazard presented by defendant’s product was open and obvious as a matter of law, and because sufficient evidence supported the jury verdict, we reverse and remand for further proceedings.

I

Daniel Freeman purchased a…

2Cases cited20 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Koon v. United StatesSupreme Court of the United States · 1996
  4. United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, MississippiCourt of Appeals for the Fifth Circuit · 1996
  5. United States v. Kathleen Kremser JonesCourt of Appeals for the Sixth Circuit · 1997

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3Cited by53 opinions

  1. Gammill v. Jack Williams Chevrolet, Inc.Texas Supreme Court · 1998
  2. Nenno v. StateCourt of Criminal Appeals of Texas · 1998
  3. Rhoads v. Federal Deposit Insurance CorporationCourt of Appeals for the Fourth Circuit · 2001
  4. Perez v. State, Texas Court of Appeals, 3rd District (Austin)2003
  5. Oglesby v. General Motors Corp.Court of Appeals for the Fourth Circuit · 1999

48 more not listed; retrieve them via the Exa API.

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