Legal Opinion
Diehl v. Ogorewac
District Court, E.D. New York
Decided October 20, 1993No. 1:92-mj-01886PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, Chief Judge.
Plaintiff Ama Diehl moves pursuant to Federal Rule of Civil Procedure 12(f) to strike defendant’s first affirmative defense asserting plaintiff William Diehl’s failure to wear an available seat belt caused or contributed to his injuries and ultimate death. Defendant cross-moves to amend the answer to include a second affirmative defense as to plaintiff Alma Diehl for failure to wear her seat belt. Plaintiff asserts that both defenses are not available as a matter of law in automobile accident cases under North Carolina law. Defendant counters that either…
2Cases cited14 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
- Babcock v. JacksonNew York Court of Appeals · 1963
- Allstate Insurance v. HagueSupreme Court of the United States · 1981
- Neumeier v. KuehnerNew York Court of Appeals · 1972
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bankers Trust Company, Cross-Appellee v. Lee Keeling & Associates, Inc., and Lee A. KeelingCourt of Appeals for the Tenth Circuit · 1994
- Simon v. Philip Morris Inc.District Court, E.D. New York · 2000
- King v. Car Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Simon II LitigationDistrict Court, E.D. New York · 2002
- Hamilton v. Accu-TekDistrict Court, E.D. New York · 1999
9 more not listed; retrieve them via the Exa API.