Legal Opinion

Mrs. David B. Wallace, Sr., and David B. Wallace, Sr. v. William Dale Ener and T. M. Kellum

Court of Appeals for the Fifth Circuit

Decided October 20, 1975No. 75-1630PublishedCited by 26 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

Appellants’ son, David Wallace, Jr., was killed on the morning of June 8, 1973, when the motorcycle he was riding collided with the rear of a tractor-trailer which was stopped in the right lane of two east-bound traffic lanes of U. S. Highway 78, about five miles east of Tallapoosa, Georgia. Appellants brought this diversity action under the Georgia Wrongful Death Act, Ga.Code Ann. § 105-1301 et seq., alleging negligence against Ener, the driver of the tractor-trailer, Western Lines, Inc., his employer, and T. M. Kellum, the owner of the vehicle. A jury returned a…

2Cases cited18 opinions

  1. Billy Ray Delancey v. Motichek Towing Service, Inc.Court of Appeals for the Fifth Circuit · 1970
  2. Mrs. Harvey Stancill v. McKenzie Tank Lines, Inc., and Carriers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1974
  3. Western & Atlantic Railroad v. MichaelSupreme Court of Georgia · 1932
  4. Arnold Bailey v. Kawasaki-Kisen, K. K.Court of Appeals for the Fifth Circuit · 1972
  5. Kelly v. LockeSupreme Court of Georgia · 1938

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

3Cited by26 opinions

  1. Myra Furcron v. Mail Centers Plus, LLCCourt of Appeals for the Eleventh Circuit · 2016
  2. Nissho-Iwai Co., Ltd. v. Occidental Crude Sales, Inc.Court of Appeals for the Fifth Circuit · 1984
  3. Jean Lang v. Texas & Pacific Railway Company and Missouri-Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1980
  4. Joseph Davis Farrar and Dale Lawson Farrar v. Clarence D. CainCourt of Appeals for the Fifth Circuit · 1985
  5. Victor and Marie Perkins v. Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 1979

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

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