Legal Opinion

Carol Lynn Brandes v. Donald Burbank and Finer Iron and Metal Company, Inc.

Court of Appeals for the Seventh Circuit

Decided January 14, 1980No. 79-1577PublishedCited by 29 opinions

1Opinion of the Court

PELL, Circuit Judge.

This is an appeal from a judgment in favor of the defendants, Burbank, and his employer, Finer Iron and Metal Company, Inc., following a jury verdict. The only error raised on appeal by the plaintiff Brandes relates to two instructions, one given and one refused.

The facts in this diversity case are essentially not in dispute. At approximately 7 o’clock on the morning of February 14, 1975, Burbank was operating a tractor-trailer unit east on Interstate Highway 70 west of Richmond, Indiana. Getting sleepy, he began to search for a place to stop and rest. He approached a rest…

2Cases cited18 opinions

  1. Alarid v. VanierCalifornia Supreme Court · 1958
  2. Satterlee v. Orange Glenn School DistrictCalifornia Supreme Court · 1947
  3. Thornton Ex Rel. Thornton v. PenderIndiana Supreme Court · 1978
  4. Northern Indiana Transit, Inc. v. BurkIndiana Supreme Court · 1950
  5. Rieth-Riley Construction Company, Inc. v. McCarrellIndiana Court of Appeals · 1975

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

3Cited by29 opinions

  1. Louis W. Wegerer and Judith A. Wegerer v. First Commodity Corporation of BostonCourt of Appeals for the First Circuit · 1984
  2. Cameo Convalescent Center, Inc. v. SennCourt of Appeals for the Seventh Circuit · 1984
  3. Ellis v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1981
  4. Stong v. Freeman Truck Line, Inc.Mississippi Supreme Court · 1984
  5. Richardson v. City of IndianapolisCourt of Appeals for the Seventh Circuit · 1981

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

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