Legal Opinion

Kode v. Carlson

Court of Appeals for the Ninth Circuit

Decided February 25, 2010No. 08-36056PublishedCited by 85 opinions

1Per curiam

I. Background

In March 2006, Tara Carlson struck a trailer being towed by a vehicle in which Bhavanidas Kode was a passenger. In June 2007, Kode brought a diversity action against Carlson claiming economic and non-economic damages totaling $1,000,000. Although Carlson admitted she was negligent and that her negligence caused Kode to suffer some injury, the nature and extent of the injury remained in dispute.

Kode and Carlson both testified at trial, as did a witness and both parties’ expert witnesses. Kode’s expert witness, Dr. Anne Anderson, testified that Kode had sustained back pain…

2Cases cited14 opinions

  1. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  2. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980
  3. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  4. La Buy v. Howes Leather Co.Supreme Court of the United States · 1957
  5. Wei Zhang v. American Gem Seafoods, Inc., Delaware Corporation McMi Food Company, a Texas Corporation Harry Lees, a Natural PersonCourt of Appeals for the Ninth Circuit · 2003

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3Cited by85 opinions

  1. Olean Wholesale Grocery Co-Op v. Bumble Bee Foods LLCCourt of Appeals for the Ninth Circuit · 2022
  2. Estate of Henry Barabin v. Astenjohnson, Inc.Court of Appeals for the Ninth Circuit · 2014
  3. Skydive Arizona, Inc. v. QuattrocchiCourt of Appeals for the Ninth Circuit · 2012
  4. Experience Hendrix L.L.C. v. Hendrixlicensing.com Ltd.Court of Appeals for the Ninth Circuit · 2014
  5. Williams v. GayeCourt of Appeals for the Ninth Circuit · 2018

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