Legal Opinion

Smith v. Gulf Oil Co.

Court of Appeals for the Sixth Circuit

Decided June 3, 1993No. Nos. 91-3034, 91-3036, 91-3040 and 91-3077PublishedCited by 22 opinions

1Opinion of the Court

ENGEL, Senior Circuit Judge.

Plaintiffs Harry Smith, Joseph Carbone and Ashton H. Reeves appeal from a special jury verdict finding that they did not suffer from an asbestos-related disease, the result of which was to hold defendant shipowners free of liability under the Jones Act and general principles of maritime law. Plaintiffs claim two errors on appeal. First, they maintain that the district court erred by foreclosing any argument at trial that the defendant shipowners were liable for exposing the plaintiff seamen to hazardous concentrations of passive (ie., secondary) cigarette smoke, as…

2Cases cited15 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  3. Beech Aircraft Corp. v. RaineySupreme Court of the United States · 1988
  4. Delores Alston Smith, Etc. v. Ithaca Corporation and Texas City Tankers CorporationCourt of Appeals for the Fifth Circuit · 1980
  5. Charles G. Erff v. Markhon Industries, Inc.Court of Appeals for the Seventh Circuit · 1986

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3Cited by22 opinions

  1. In Re: Tmi Litigation Lori Dolan Joseph Gaughan Ronald Ward Estate of Pearl Hickernell Kenneth Putt Estate of Ethelda Hilt Paula Obercash Jolene Peterson Estate of Gary Villella Estate of Leo Beam, No. 96-7623 in Re: Tmi Litigation All Except Lori Dolan, Joseph Gaughan, Ronald Ward, Estate of Pearl Hickernell, Kenneth Putt, Estate of Ethelda Hilt, Paula Obercash, Jolene Peterson, Estate of Gary Villella and Estate of Leo Beam, No. 96-7624 in Re: Tmi LitigationCourt of Appeals for the Third Circuit · 1999
  2. In Re the Celotex Corporation, Debtor. Owens-Illinois, Incorporated v. Rapid American Corporation, Successor in Interest to Philip-Carey CorporationCourt of Appeals for the Fourth Circuit · 1997
  3. Highlands Insurance Company v. National Union Fire Insurance Company of PittsburghCourt of Appeals for the Fifth Circuit · 1994
  4. Danny L. Russell v. Plano Bank & TrustCourt of Appeals for the Fifth Circuit · 1997
  5. Tommy Williams v. The Nashville Network and Gaylord Entertainment CompanyCourt of Appeals for the Sixth Circuit · 1998

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