Legal Opinion

James Depass v. United States

Court of Appeals for the Seventh Circuit

Decided January 13, 1984No. 82-3077PublishedCited by 36 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

This appeal arises out of the denial of damages to plaintiff James DePass for alleged increased risk of cardiovascular disease and loss of life expectancy. The district court, in a bench trial, found that DePass had not proved the injury by a preponderance of the evidence. This appeal requires us to determine whether the district court was “clearly erroneous” in its finding. Fed.R.Civ.P. 52(a). For the reasons set out below, we affirm the district court.

I

On December 9, 1978, DePass was struck by a car driven by an employee of the defendant United States. DePass sustained…

2Cases cited6 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Nicholl v. ScalettaAppellate Court of Illinois · 1982
  3. Morrissy v. Eli Lilly & Co.Appellate Court of Illinois · 1979
  4. Robert E. LEE, Plaintiff-Appellee, v. NATIONAL CAN CORPORATION, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1983
  5. Lindsay v. ApplebyAppellate Court of Illinois · 1980

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3Cited by36 opinions

  1. Ayers v. Township of JacksonSupreme Court of New Jersey · 1987
  2. Mary J. Riordan v. William L. Kempiners and Shirley RandolphCourt of Appeals for the Seventh Circuit · 1987
  3. Dillon v. Evanston HospitalIllinois Supreme Court · 2002
  4. Ampat/midwest, Inc., Cross-Appellee v. Illinois Tool Works Inc., Cross-Appellant, and Triangle Fastener Corp.Court of Appeals for the Seventh Circuit · 1990
  5. William Hagerty v. L & L Marine Services, Inc., and Union Carbide Corp.Court of Appeals for the Fifth Circuit · 1986

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

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