Sally Ann Foster v. Continental Can Corporation, Donald F. Elling and Diversified Labor Service
Court of Appeals for the Seventh Circuit
1Opinion of the Court
ESCHBACH, Circuit Judge.
Plaintiff appeals from a judgment for defendants and the denial of her motion for a new trial in a diversity negligence action governed by Indiana law. 1 The primary questions presented by this appeal are: (1) whether there was sufficient evidence upon which to instruct the jury regarding excuse for the violation of a safety statute; (2) whether an instruction on the defendants' duty of care correctly stated Indiana law; and (3) whether the district judge abused his discretion by denying plaintiffs motion for a new trial. For the reasons stated below, we will affirm.
I
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2Cases cited21 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Thornton Ex Rel. Thornton v. PenderIndiana Supreme Court · 1978
- Simmons, Inc., a Corporation v. Pinkerton's, Inc., a Corporation and National Surety Corporation, a CorporationCourt of Appeals for the Seventh Circuit · 1985
- The First National Bank of Kenosha, as Personal Representative of the Estate of Ethel M. Rudy v. United StatesCourt of Appeals for the First Circuit · 1985
- Charles Brooks Taliferro v. William Augle and Kenneth HoffmanCourt of Appeals for the Seventh Circuit · 1985
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3Cited by18 opinions
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- Susan Wassell v. Wilbur L. Adams and Florena M. Adams, Doing Business as Ron-Ric MotelCourt of Appeals for the Seventh Circuit · 1989
- Paul Calusinski v. James Kruger, John Terry and Michael GilletteCourt of Appeals for the Seventh Circuit · 1994
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