MAXEY v. FREIGHTLINER CORP.

No. 78-2301.

665 F.2d 1367 (1982)

Frank MAXEY and Mary Amanda Maxey, Individually and as next Friends of Mary Kathryn Maxey, et al., Plaintiffs-Appellants Cross-Appellees, v. FREIGHTLINER CORPORATION, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

January 25, 1982.


Attorney(s) appearing for the Case

Windle Turley, Sylvia M. Demarest, Dallas, Tex., for Frank Maxey et al.

Strasburger & Price, Royal H. Brin, Jr., Elliott, Churchill, Hansen, Dyess & Maxfield, Thomas G. Nash, Jr., Dallas, Tex., for Freightliner Corp.

A. J. Levy, New Orleans, La., for amicus curiae Ass'n of Trial Lawyers of America.

Jack Pew, Jr., Dallas, Tex., for amicus curiae Tex. Ass'n of Defense Council.

Before GODBOLD, Chief Judge, BROWN, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK, WILLIAMS and GARWOOD, Circuit Judges.


SAM D. JOHNSON, Circuit Judge:

The Maxeys1 brought this action against Freightliner Corporation to recover actual and exemplary damages resulting from the deaths of Billy and Dee Maxey, who were killed when a fuel tank on a truck tractor manufactured by Freightliner ruptured and ignited. Following a jury trial, the district court entered judgment for $150,000 in favor of the Maxey children on the jury's finding that the fuel system manufactured...

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