Legal Opinion

Sally Ann Foster v. Continental Can Corporation, Donald F. Elling and Diversified Labor Service

Court of Appeals for the Seventh Circuit

Decided February 19, 1986No. 84-1683PublishedCited by 18 opinions

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

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Thornton Ex Rel. Thornton v. PenderIndiana Supreme Court · 1978
  3. Simmons, Inc., a Corporation v. Pinkerton's, Inc., a Corporation and National Surety Corporation, a CorporationCourt of Appeals for the Seventh Circuit · 1985
  4. 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
  5. Charles Brooks Taliferro v. William Augle and Kenneth HoffmanCourt of Appeals for the Seventh Circuit · 1985

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

3Cited by18 opinions

  1. Mejia v. Cook County, Ill.Court of Appeals for the Seventh Circuit · 2011
  2. Daniel Latino and Robert Slawinski v. Edward Kaizer and City of ChicagoCourt of Appeals for the Seventh Circuit · 1995
  3. Robert E. Pincus v. Pabst Brewing Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1990
  4. Susan Wassell v. Wilbur L. Adams and Florena M. Adams, Doing Business as Ron-Ric MotelCourt of Appeals for the Seventh Circuit · 1989
  5. Paul Calusinski v. James Kruger, John Terry and Michael GilletteCourt of Appeals for the Seventh Circuit · 1994

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

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