Legal Opinion
Folks v. Kirby Forest Industries Inc.
Court of Appeals for the Fifth Circuit
Decided January 11, 1994No. 92-04435PublishedCited by 26 opinions
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
This is an appeal from a jury verdict for the plaintiff in a personal injury case. The jury awarded Bennie Ray Folks $1,076,000 in damages, finding that he was injured in an industrial accident as a result of the negligence of Kirby Forest Industries, Inc. (“Kirby”). Kirby appeals, and we vacate and remand on account of an erroneous jury instruction and the erroneous exclusion of evidence.
I
Kirby operated a plywood plant in Silsbee, Texas. When the plant closed, Kirby held an “as is, where is” auction sale to liquidate the plant equipment. According to the terms…
2Cases cited37 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Keetch v. Kroger Co.Texas Supreme Court · 1992
- Corbin v. Safeway Stores, Inc.Texas Supreme Court · 1983
- Rosas v. Buddies Food StoreTexas Supreme Court · 1975
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3Cited by26 opinions
- Seatrax, Inc. v. Sonbeck International, Inc.Court of Appeals for the Fifth Circuit · 2000
- Baker v. Canadian National/Illinois Central RailroadCourt of Appeals for the Fifth Circuit · 2008
- HTC v. TelefonaktiebolagetCourt of Appeals for the Fifth Circuit · 2021
- Bennie Ray Folks and Ernestine Folks, and Liberty Mutual Ins. Co., Intervenor-Appellee v. Kirby Forest Ind. Inc., Defendant-Third Party and Third Party v. Hood Industries Inc., Defendant-Third Party and Third Party v. Johnny Knight, Dba, Knight's MacHinery Removal, Third PartyCourt of Appeals for the Third Circuit · 1994
- (PC) Armenta v. ShahDistrict Court, E.D. California · 2022
21 more not listed; retrieve them via the Exa API.