Eunice Edna Necaise, Substituted as Administratrix of the Estate of Willard L. Necaise, Deceased v. The Chrysler Corporation
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GEWIN, Circuit Judge.
In this products liability case we must review the action of the trial court in sustaining a motion by the defendant, The Chrysler Corporation (appellee), for a directed verdict. The plaintiff, Necaise (appellant), 1 received disabling injuries when a Chrysler-built Dodge pick-up truck which he was driving overturned on a “test drive.” Motion for directed verdict was made when the plaintiff rested, but the court reserved its ruling until all the evidence was presented. This is a diversity case which arose in the state of Mississippi.
The plaintiff bases his case on breach…
2Cases cited36 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Ford Motor Company v. Marvin R. MathisCourt of Appeals for the Fifth Circuit · 1963
- Nichols v. NoldSupreme Court of Kansas · 1953
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3Cited by17 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Robert D. Putman v. Erie City Manufacturing CompanyCourt of Appeals for the Fifth Circuit · 1964
- Irene Lucero v. Thomas W. DonovanCourt of Appeals for the Ninth Circuit · 1966
- Don E. Lester, Jr., Plaintiff-Appellee-Cross v. Aetna Life Insurance Company, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1970
- Maryland Casualty Co. v. WilliamsCourt of Appeals for the Fifth Circuit · 1967
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