Legal Opinion
Luke Joseph Perricone, United States Fidelity and Guaranty Company, Intervenor-Appellee v. The Kansas City Southern Railway Company
Court of Appeals for the Fifth Circuit
Decided May 19, 1983No. 81-2514PublishedCited by 51 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
In this diversity case the railroad appeals from a judgment awarding damages to a motorist for injuries suffered when the bottom of his car struck the railroad’s tracks at a crossing. The railroad argues that the trial court erred in sua sponte resubmitting the case to the jury after explaining to them the effect of their returned answer that the motorist was 70 percent negligent, in granting plaintiff a full award on a judgment n.o.v. despite the jury’s finding following the second submission that the motorist’s negligence was 50 percent, and in…
2Cases cited11 opinions
- Shows v. Jamison Bedding, Inc.Court of Appeals for the Fifth Circuit · 1982
- Ruby Conway v. Chemical Leaman Tank Lines, Inc.Court of Appeals for the Fifth Circuit · 1980
- Elvis Griffin v. Victor Matherne and Otto Candies, Inc.Court of Appeals for the Fifth Circuit · 1973
- Yolanda and Terrence Ballou, Etc., Lula Mae Leblanc, Etc., Cross-Appellant v. Henri Studios, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1981
- Patricia Ann Phelps Bailey v. Southern Pacific Transportation CompanyCourt of Appeals for the Fifth Circuit · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Brown v. Bryan CountyCourt of Appeals for the Fifth Circuit · 2000
- Perry v. Stewart Title Co.Court of Appeals for the Fifth Circuit · 1985
- Thomas Stokes v. Euda Delcambre, as Sheriff of Vermillion ParishCourt of Appeals for the Fifth Circuit · 1983
- Paul BOHRER, Plaintiff-Appellant, v. HANES CORPORATION, Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1983
- Munn v. AlgeeCourt of Appeals for the Fifth Circuit · 1991
46 more not listed; retrieve them via the Exa API.