· 12/5/1994
Annamarie Lamontagne, Doreen A. Festa and Susan B. Pregler v. E.I. Du Pont De Nemours & Company, Inc.
Citations
- 41 F.3d 846
- 1994 U.S. App. LEXIS 34210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the CPLA does not “alter the substance of a plaintiff’s rights or the facts that a plaintiff must prove in order to prevail.”
- noting that the CPLA does not “alter the substance of a plaintiff’s rights or the facts that a plaintiff must prove in order to prevail.”
- stating that the requirements applicable to ordinary negligence actions “are also applicable to negligence claims against product manufacturers” under the CPLA
- stating that “[a]lthough the CPLA introduced simplified pleading ... it apparently was not meant to alter the substance of a plaintiffs rights or the facts that a plaintiff must prove in order to prevail”
- because act does not delineate elements of claims that it consolidates, common law provides basis for theories of recovery
- duty depends on foresee ability of danger
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Altimari, Seybert
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.