Legal Opinion
Charles Franklin Westbrook, Jr., Pilot Point Ready-Mix, Inc., Intervenor-Appellee v. General Tire and Rubber Company, Etc.
Court of Appeals for the Fifth Circuit
Decided March 11, 1985No. 83-2733PublishedCited by 122 opinions
1Per curiam
This products liability action arose out of an accident caused by a tire blow out. Defendant, General Tire and Rubber Company (General Tire), appeals from a jury verdict finding it liable and awarding damages for injuries and losses suffered by plaintiffs, Charles and Kathy Westbrook. The jury’s verdict on liability is supported by the evidence and uninfluenced by prejudicial error. However, the award of damages, which is at or above the highest permissible range, results from the prejudicial influence of improper argument. The trial court abused its discretion in denying a new trial on the…
2Cases cited32 opinions
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
- H. E. Collins and Joetta Collins, Surviving Parents and Personal Representatives of Karen Collins, Deceased v. Wayne CorporationCourt of Appeals for the Fifth Circuit · 1980
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
27 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- Foradori v. HarrisCourt of Appeals for the Fifth Circuit · 2008
- Kenneth Smith v. Transworld Drilling Company Vessel, Rig 44, in RemCourt of Appeals for the Fifth Circuit · 1985
- Christopher v. Depuy Orthopaedics, Inc. (In Re Depuy Orthopaedics, Inc., Pinnacle Hip Implant Prod. Liab. Litig.)Court of Appeals for the Fifth Circuit · 2018
- Kevin Pappas v. Middle Earth Condominium Association Castle Rock Management CompanyCourt of Appeals for the Second Circuit · 1992
- Johnny C. Colburn, Cross-Appellant v. Bunge Towing, Inc., and M/v Terry K, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1989
117 more not listed; retrieve them via the Exa API.