From Casetext: Smarter Legal Research

Preiser Scientific, v. Piedmont Aviation

United States Court of Appeals, Fourth Circuit
Nov 5, 1970
432 F.2d 1002 (4th Cir. 1970)

Opinion

Nos. 14445, 14446.

November 5, 1970.

Donald R. Wilson, Charleston, W. Va. (Preiser, Greene, Hunt Wilson, Charleston, W. Va., on brief) for appellant.

Edward W. Eardley and John R. Fowler, Charleston, W. Va. (Steptoe Johnson, Charleston, W. Va., on brief) for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.


The plaintiff in each of these diversity actions sought to recover damages for the loss of services of its employee which loss was alleged to have been proximately caused by the negligence of the defendant in the crash of one of defendant's airplanes in which the employees were killed. The defendant filed motions to dismiss.

In a written Memorandum Order the district court discussed the authorities and sustained the motions to dismiss on the ground that "neither of the plaintiff corporations has any cause of action growing out of the death of its employee, either at common law or under the statutes of West Virginia."

Upon consideration of the record, the briefs filed by the parties, and the decision of the court below, we find no merit in the appeal. Accordingly, we dispense with oral argument and summarily affirm.

Affirmed.


Summaries of

Preiser Scientific, v. Piedmont Aviation

United States Court of Appeals, Fourth Circuit
Nov 5, 1970
432 F.2d 1002 (4th Cir. 1970)
Case details for

Preiser Scientific, v. Piedmont Aviation

Case Details

Full title:PREISER SCIENTIFIC, INC., OF OHIO, a corporation, Appellant, v. PIEDMONT…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 5, 1970

Citations

432 F.2d 1002 (4th Cir. 1970)

Citing Cases

Zawadzki v. Checker Taxi Co.

red to in the parties' rebriefing refuses to recognize the action the plaintiff corporations seek to ground…

Wheeler Consulting, Inc. v. Lavalley

{¶19} If * * * we suppose that an employee was negligently injured to the loss of the employer, we find the…