Legal Opinion
Winston v. International Harvester Corp.
Court of Appeals for the Fifth Circuit
Decided June 11, 1986No. 85-3230PublishedCited by 9 opinions
1Opinion of the Court
IRVING L. GOLDBERG, Circuit Judge:
We are called upon in this diversity case to grapple again with the application of comparative fault to strict liability claims under the principles announced by the Louisiana Supreme Court in Bell v. Jet Wheel Blast, 462 So.2d 166 (La.1985).1 Appellee Winston’s accident occurred while he was driving his employer’s 1969 International Harvester tractor on a dirt road on a sugar plantation at the end of his work day. For reasons we may never really know, the tractor left the road and rambled into a sugar cane field where it encountered head-on furrows well over…
2Cases cited11 opinions
- Suter v. San Angelo Foundry & MacHine CompanySupreme Court of New Jersey · 1979
- Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.Court of Appeals for the Fifth Circuit · 1978
- Bell v. Jet Wheel Blast, Div. of Ervin IndustriesSupreme Court of Louisiana · 1985
- Bexiga v. Havir Manufacturing Corp.Supreme Court of New Jersey · 1972
- Holmes v. State Through Dept. of HighwaysLouisiana Court of Appeal · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Richard v. Firestone Tire & Rubber Co.Court of Appeals for the Fifth Circuit · 1988
- Hardy Dotson, III and Dorothy M. Dotson v. Clark Equipment CompanyCourt of Appeals for the Fifth Circuit · 1986
- prod.liab.rep. (Cch) P 12,346 Fred Davis, Cross-Appellant-Cross-Appellee v. Commercial Union Insurance Company, Intervenor-Appellee, Cross-Appellee-Cross-Appellant v. Continental Gin Company, Allied Products Corporation, as Successor Company to Continental Gin Co., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1990
- Edward Haas, Cross-Appellee v. Atlantic Richfield, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
- Davis v. Commercial Union InsuranceCourt of Appeals for the Fifth Circuit · 1990
4 more not listed; retrieve them via the Exa API.