Legal Opinion
Ralph Martinez, Husband Mary Martinez, Wife v. Asarco Incorporated, a Foreign Corporation
Court of Appeals for the Ninth Circuit
Decided November 23, 1990No. 88-1654PublishedCited by 24 opinions
1Per curiam
We are presented, in this diversity case governed by the law of Arizona, with the question of whether a smelter operator has a duty to an invited independent contractor to make its premises reasonably safe, and if so, whether such duty can be met by warning of any danger.
I
Because this is an appeal from a grant of summary judgment for Asarco, the evidence is set forth in the light most favorable to appellants, the Martinezes. 1 Ralph Martinez was an employee of James & Luther (“J & L”), a company that contracted with Asarco to perform maintenance work on a blast furnace in an Asarco smelter.…
2Cases cited33 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Hanna v. PlumerSupreme Court of the United States · 1965
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
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3Cited by24 opinions
- State v. ThurmanUtah Supreme Court · 1993
- Jacqueline R. Harrell Michael Harrell v. 20th Century Insurance Company, and Bradley ScottCourt of Appeals for the Ninth Circuit · 1991
- Martin Jimeno, Plaintiff-Appellant-Cross-Appellee v. Mobil Oil Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1995
- Workman v. ChinchinianDistrict Court, E.D. Washington · 1992
- Lozier v. Auto Owners Insurance Co.Court of Appeals for the Ninth Circuit · 1992
19 more not listed; retrieve them via the Exa API.