Case Brief 2 - March 1 2016 Leslie Zhu Case Brief 2 Hyman...

Info icon This preview shows pages 1–2. Sign up to view the full content.

March 1, 2016 Case Brief 2 Leslie Zhu Hyman Freightways v. Carolina Freight Carriers Corporation United States Court of Appeals, Eighth Circuit (1991) FACTS: d Hyman’s breach of contract and promissory estoppel suit: no contract existed & Hyman failed to establish the elements of promissory estoppel ISSUE: Which law should be applied: Texas’ two-year statute of limitations for personal injury claims or the federal’s three-year statue for maritime personal injuries? OUTCOME: Texas statute of limitation was applied; Defendant’s motion for summary judgment was granted and the Plaintiff’s claims against the Defendant were dismissed with prejudice. REASONING: Because under maritime law, dock owners are not liable to provide safe ingress or egress (1) and that if “absent a maritime status between the parties, a dock owner’s duty to crew members of a vessel using the dock is defined by the application of state law, not maritime law”(2), therefore “any claim Plaintiff does have versus Philips must necessarily arise under state law”. Texas holds a two-year statute of limitations for
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 2
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '14
  • DamonM.Smith
  • Law, Personal injury, Hyman Freightways

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern