Legal Opinion
Bituminous Casualty Corp. v. Mike Ross, Inc.
District Court, N.D. West Virginia
Decided February 6, 2006No. 1:04-cr-00088PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GOODWIN, District Judge.
Pending before the court are the plaintiffs motion for summary judgment [Docket 23] and the defendant’s motion for summary judgment [Docket 25]. For the reasons explained herein, the court DENIES each motion.
I
Michael McCartney was burning brush for Mike Ross, Inc. 1 — the defendant — on February 15, 2002, at a farm on Brushy Fork Road in Upshur County, West Virginia. The fire escaped containment into an open field as a result of high winds. Mr. McCartney allegedly sustained injuries to his lungs while attempting to control the fire. He filed…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- National Mutual Insurance v. McMahon & Sons, Inc.West Virginia Supreme Court · 1987
- Murray v. State Farm Fire & Casualty Co.West Virginia Supreme Court · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carl's Italian Restaurant v. Truck Insurance ExchangeColorado Court of Appeals · 2007
- Northland Casualty Co. v. MeeksCourt of Appeals for the Eighth Circuit · 2008
- Nick's Brick Oven Pizza, Inc. v. Excelsior InsuranceNew York Supreme Court · 2008
- Borntreger v. SmithCourt of Appeals of Wisconsin · 2012
- Central Mutual Insurance v. True Plastics, Inc.Massachusetts Appeals Court · 2013
6 more not listed; retrieve them via the Exa API.