BUTTERMAN ET UX.

v.

WALSTON & CO., INC., ET AL.

Citator

Cited By (37 total)

• Epifanio Reyes v. Wyeth Labs., 498 F.2d 1264 (5th Cir. 1974)
  …estling with product liability questions, many goods possess both utility and danger. See, e. g., Ross v. Up-Right, Inc., 5 Cir. 1968, 402 F. 2d 943, 946; Helene Curtis Industries, Inc. v. Pruitt, 5 Cir. 1967, 385 F. 2d 841, 850, cert. denied, 1968, 391 U.S. 913, 88 S.Ct. 1806, 20 L.Ed.2d 652. Rather, in evaluating the possible liability of a manufacturer for injuries caused by his inevitably hazardous products, a two-step analysis is required to determine first, whether the product is so unsafe that market…

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• Kicklighter v. Nails BY Jannee, Inc., 616 F.2d 734 (5th Cir. 1980)
  …ipsa loquitur applies in a diversity case, this court has indicated that it will apply federal law to test the sufficiency of the evidence to justify the res ipsa loquitur charge. Helene Curtis v. Pruitt, 385 F. 2d 841 (5th Cir. 1967), cert. denied, 391 U.S. 913, 88 S.Ct. 1806, 20 L.Ed.2d 652 (1968). Helene Curtis teaches that a trial judge can appropriately give the res ipsa loquitur charge if the evidence affords a rational basis upon which the jury can conclude that the elements of the doctrine required…
• James v. United States, 416 F.2d 467 (5th Cir. 1969)
  …), 340 F. 2d 506, cert. denied 381 U.S. 906, 85 S.Ct. 1452, 14 L.Ed.2d 287. We are convinced that this indictment, framed in the terms of the statute, measures up to that standard. Gilstrap v. United States (5th Cir. 1968), 389 F. 2d 6, cert. denied 391 U.S. 913, 88 S.Ct. 1806, 20 L.Ed.2d 652 (1968); Turf Center, Inc. v. United States (9th Cir. 1963), 325 F. 2d 793. The indictment makes reference to dice, to the interstate transportation of a juice joint, and to the cashing of gambling checks. Surely defend…