Legal Opinion

John Coleman v. Western Electric Co., Inc.

Court of Appeals for the Sixth Circuit

Decided March 3, 1982No. 80-1283PublishedCited by 18 opinions

1Opinion of the Court

KEITH, Circuit Judge.

This appeal challenges the propriety of an order of the United States District Court for the Eastern District of Michigan denying a Motion to Amend Judgment. On appeal, the plaintiff-appellant, John Coleman, argues that the district court should not have reduced his jury award by the percentage of his contributory negligence. Specifically, Coleman contends that, as a matter of Michigan law, contributory negligence should not diminish recovery where the absence of an adequate safety device was the proximate cause of injuries sustained. We agree. For the reasons below, we…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. Placek v. City of Sterling HeightsMichigan Supreme Court · 1979
  4. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  5. Funk v. General Motors Corp.Michigan Supreme Court · 1974

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3Cited by18 opinions

  1. Betty Adams, Joseph Adams v. Union Carbide CorporationCourt of Appeals for the Sixth Circuit · 1984
  2. Jennifer Kay Brumit Mathis and Her Husband, Barry L. Mathis, Plaintiffs v. Eli Lilly and CompanyCourt of Appeals for the Sixth Circuit · 1983
  3. Dennis C. Sours v. General Motors CorporationCourt of Appeals for the Sixth Circuit · 1983
  4. John L. Angelotta v. American Broadcasting Corporation Geraldo Rivera and Barbara WaltersCourt of Appeals for the Sixth Circuit · 1987
  5. Roberts v. Western-Southern Life InsuranceDistrict Court, N.D. Illinois · 1983

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