Legal Opinion

John F. Loughan v. Firestone Tire & Rubber Company, John F. Loughan, Cross-Appellee v. Firestone Tire and Rubber Company, Cross-Appellant

Court of Appeals for the Eleventh Circuit

Decided January 10, 1985No. 83-5189, 83-5520PublishedCited by 62 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

In these consolidated appeals, we review the admissibility of habit evidence pursuant to Rule 406, Federal Rules of Evidence, and other claims of error arising out of this personal injury diversity case. We affirm.

Facts

On July 24, 1974, John F. Loughan, the appellant, while employed as a tire mechanic by Slutz-Seiberling Tire Company in Fort Lauderdale, Florida, was mounting and dismounting a Firestone multi-piece rim wheel assembly to a trailer axle. Loughan sustained injuries when, in the process of remounting, a part of the three part rim wheel assembly separated…

2Cases cited17 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  3. John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western GermanyCourt of Appeals for the Fourth Circuit · 1977
  4. Hoffman v. JonesSupreme Court of Florida · 1973
  5. United States v. Marrian Kolesar and Andrew Kolesar, Her HusbandCourt of Appeals for the Fifth Circuit · 1963

12 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. McWhorter v. City of BirminghamCourt of Appeals for the Eleventh Circuit · 1990
  2. United States v. Michael J. NewmanCourt of Appeals for the First Circuit · 1992
  3. United States v. Alfredo Diaz, Eradio Perez, and Jose Alfanso RianoCourt of Appeals for the Second Circuit · 1989
  4. United States Equal Employment Opportunity Commission v. W&O, Inc.Court of Appeals for the Eleventh Circuit · 2000
  5. United States of America, F/u/b/o Krupp Steel Products, Inc., D/B/A Diversified Steel Services v. Aetna Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1987

57 more not listed; retrieve them via the Exa API.

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