Kathy Thomas, Personal Representative of the Estate of Martin Duane Thomas, Deceased v. Tennessee Valley Authority

I believe that the only proper basis for jurisdiction in this case was based upon a federal question, not diversity, for the reasons and on the basis of the authority herein indicated. If this were properly deemed a diversity case, however, I am in substantial agreement with Judge Edwards’ conclusions set out in his opinion.

First, if the rules of diversity applied in this case, Kentucky law would be applicable. Erie Railroad v. Thompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). *372I agree further that TVA exercised reasonable care under the circumstances. TVA’s instructions given to the…