Legal Opinion

McCormick v. City of Wildwood

District Court, D. New Jersey

Decided November 3, 1977No. Civ. A. 1025-73PublishedCited by 6 opinions

1Opinion of the Court

OPINION

COHEN, Senior District Judge:

A new trial is sought by the plaintiff in this diversity negligence action, wherein he alleges that his blindness was caused by the defendants’ failure to render appropriate medical care to him during his incarceration in the defendants’ jails between November 14 and December 2, 1971. The plaintiff maintained that during this period a benign brain tumor (a meningioma) impinged upon his optic nerves causing irreversible damage. The defendants deny negligence and assert the defense of contributory negligence, in that the plaintiff failed to seek medical…

2Cases cited19 opinions

  1. Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
  2. Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
  3. Elvis Griffin v. Victor Matherne and Otto Candies, Inc.Court of Appeals for the Fifth Circuit · 1973
  4. Celanese Corp. Of America v. John Clark Industries, Inc.Court of Appeals for the Fifth Circuit · 1954
  5. Jackson E. McVey and H. E. Northway v. Phillips Petroleum CompanyCourt of Appeals for the Fifth Circuit · 1961

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3Cited by6 opinions

  1. Harless v. First National Bank in FairmontWest Virginia Supreme Court · 1982
  2. Henderson v. HarrisDistrict Court, N.D. Illinois · 1987
  3. Downs v. Gulf & Western Manufacturing Co.District Court, D. Massachusetts · 1987
  4. Scott-Neal v. STATE DEPT.New Jersey Superior Court Appellate Division · 2004
  5. Equal Employment Opportunity Commission v. State of Delaware Department of Health & Social ServicesDistrict Court, D. Delaware · 1987

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