Legal Opinion

Carmelita Eastburn, a Minor by Her Mother and Next Friend, Ida Louise Eastburn and Ida Louise Eastburn, Individually v. Ford Motor Company

Court of Appeals for the Fifth Circuit

Decided March 2, 1973No. 72-1790PublishedCited by 14 opinions

1Per curiam

This is an appeal from a verdict for defendant, Ford Motor Company, in a products liability action for breach of the implied warranties of both mex’chantability and fitness. Appellants contend that the District Court erred (1) by confusing the concepts of contributory negligence and breach of implied warranty in instructing the jury that contributox'y negligence is a defense to plaintiffs’ action for breach of implied warranty, and (2) in allowing lay witnesses to testify for the defexxdant as experts. We affirm.

Mrs. Eastburn and her infant daughter seek damages for (1) bodily injury from…

2Cases cited7 opinions

  1. Davis v. StateSupreme Court of Florida · 1902
  2. Cornelius v. StateSupreme Court of Florida · 1950
  3. Prince v. Aucilla River Naval Stores Co.Supreme Court of Florida · 1931
  4. Ernest Faircloth v. Lamb-Grays Harbor Company, Inc., a CorporationCourt of Appeals for the Fifth Circuit · 1972
  5. Gates & Sons, Inc. v. BrockDistrict Court of Appeal of Florida · 1967

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

3Cited by14 opinions

  1. Buckbee v. United Gas Pipe Line Co. Inc.Supreme Court of Louisiana · 1990
  2. Branch-Hines v. HebertCourt of Appeals for the Fifth Circuit · 1991
  3. Shirley Karp, Individually, Etc. v. Denton A. Cooley and Domingo S. LiottaCourt of Appeals for the Fifth Circuit · 1974
  4. J.C. Bass v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 1984
  5. Duzon v. StallworthLouisiana Court of Appeal · 2003

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

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